Originally from:
International Antitrust Law & Policy: Fordham Competition Law 2012 - Hardcover
International Antitrust Law & Policy: Fordham Competition Law 2012 - Electronic
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SPECIALIZED ANTITRUST COURTS
Presider Hon. Frédéric Jenny Cour de Cassation, Paris
Hon. Douglas H. Ginsburg Chief Judge, U.S. Circuit Court
for the District of Columbia,
Washington
Frank Montag Freshfields Bruckhaus
Deringer, Brussels
Sir Peter Roth Justice of the High Court of
England and Wales;
Chairman of the UK
Competition Appeal Tribunal,
London
Daniel S. Savrin Bingham McCutchen, Boston
JUDGE JENNY: Ladies and gentlemen, good morning. Thank you
for taking your seats.
We are about to start the second panel, which is the panel on
specialized antitrust courts.
The debate on specialized jurisdictions is not really new, but
somehow it keeps resurfacing regularly on both sides of the Atlantic.
I will leave for later the definition of what is a specialized court. But
let’s say that it is certainly a court that has limited subject matter
jurisdiction and specialized judges as a starting point.
The debate on specialized jurisdiction is often informed by the debate
on the efficiency of the enforcement of antitrust law by courts, both with a
desire to improve the “quality” of the decisions, or at least the economic
content of those decisions, and make sure that the courts are able to grasp
the issues; and also concern about reducing the delays that seem to beset
the courts on both sides of the Atlantic.
The debate is very much informed by reflections on past experience,
mostly in the United States. Even though there have been quite a few
experiences in the European Union, the literature is more about what has
happened in the United States with specialized courts in other areas than
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