Jul 2013 00:46 References: Bernatt M. He was honored by the American Antitrust Institute with the Alfred E. It explains by facts and figures why private enforcement is necessary, and it explores cultural and contextual differences that may suggest different designs. The Handbook promises to make an enormous contribution to antitrust law and policy around the world. Any electronic inquiry through this website or by email to one of our lawyers does not, by itself, create an attorney-client relationship or contractually obligate us to represent you, regardless of the content of such inquiry. Personal use of this document is authorised within the limits of Art.
The Handbook is a welcome guide to the current state of the current literature on private rights of actions and remedies and provides the raw material and analysis for improvement. Cuneo, The International Handbook on Private Enforcement of Competition Law, Cheltenham — Northampton 2010. This damages provision has not only survived subsequent legislative amendments, it has also been modified to increase the possibilities of bringing such actions. It explains by facts and figures why private enforcement is necessary, and it explores cultural and contextual differences that may suggest different designs. With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of-the-art analysis of the private enforcement of competition laws across the globe.
This alone sets this contribution apart from the numerous books on competition law enforcement and private enforcement available these days which, with all their specific qualities, rarely offer such a practical insight in antitrust enforcement, especially on such a large scale. He was recently elected as a fellow to the prestigious Litigation Counsel of America. The Handbook of Competition Enforcement Agencies 2008. Jul 2013 23:55 Last Modified: 25. Cuneo has been recognized for his achievements as an attorney in private practice. Each representation has unique facts and circumstances that may affect the result.
Cuneo has represented Members of Congress as amici before the Supreme Court. Despite these legislative tools, private damages case law based on competition law violations remains very sparse. You should not act on the basis of any content included in this website without seeking the appropriate legal advice from counsel. He began his legal career as a law clerk to Judge Edward Tamm of the U. Court of Appeals for the District of Columbia Circuit 1977-1978. The anti-competitive conduct may have caused the aggrieved party to suffer significant economic loss, thereby limiting the resources available to a claimant to underwrite litigation.
The Competition Act,2 which governs the rules and regulations of competition law in South Africa, allows for parties to seek reparation for damage in the civil courts only after the competition authorities that being the Competition Commission, Competition Tribunal and if there is an appeal, the Competition Appeal Court have investigated and made a final determination as to whether anti-competitive conduct has taken place. Whilst recognising that litigating disputes is often the only sensible way forward, Scott is also adept at resolving disputes out of Court, often by way of mediation. The Handbook is a welcome guide to the current state of the current literature on private rights of actions and remedies and provides the raw material and analysis for improvement. Each chapter is succinct and an excellent introduction to private rights of action under the key national competition laws. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects.
He has been a member of the advisory board of the George Washington University School of Law. Voigt eds , The More Economic Approach to European Competition Law, Tübingen 2007. Cuneo co-authored The International Handbook of Private Enforcement of Competition Law Edward Elgar Publishing Inc. These two legal acts are assessed in order to establish whether their introduction is likely to help facilitate private antitrust enforcement in Poland and to consider to what an extent are these developments responding to the challenges outlined by the European Commission. The Trial Lawyers for Public Justice selected him as a finalist for its 2006 Trial Lawyer of the Year award.
Cuneo ; associate editors, Randy Stutz, Bojana Vrcek. It is a first-of-its-kind, incredibly valuable undertaking. Cuneo has over forty years of experience successfully representing a government agency and a Congressional Committee; as well as plaintiffs in complex antitrust, civil and human rights, consumer protection, corporate governance, and securities class actions before federal and state courts. Series Title: Responsibility: edited by Albert A. This chapter outlines the Swedish legislative framework for private enforcement of competition law, discusses the interaction between public and private competition law enforcement, and describes the types of private actions including group actions that are available.
Scherer, Mario Monti, and Donald I. Injured parties can seek legal assistance on a contingency basis although there may not be too many willing litigators. Most of the few private damages cases that have made it to court have been settled out of court. Cuneo brings to his private legal practice nearly a decade of prior government service—first as an attorney in the Office of the General Counsel of the Federal Trade Commission 1978-1981 and then as Counsel to the Subcommittee on Monopolies and Commercial Law of the U. Cuneo has received many accolades for his work as a litigator. He also has extensive experience representing a diverse array of clients including professional associations, businesses, Members of Congress, unions, and individuals with respect to public policy matters before courts, Congress, the Executive Branch, and independent federal agencies. This multi-pronged effort, including lobbying, grassroots organizing, media outreach and paid media, lasted a full year.
Extract Kasturi Moodaliyar1 Introduction Private enforcement in antitrust cases is a rarity in South Africa. Claiming damages can be an expensive exercise due to the time and costs required. However, a number of damages actions based on cartel violations are pending, and many expect private damages to play a more important role in the future. This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases. Cuneo was the only person outside of the government to be a spokesperson, clearinghouse, and advocate for strong antitrust enforcement. Cuneo , published in association with the American Antitrust Institute, 2010. A Global Competition Review Special Report, London 2008.