- Giulia Giovanelli
Giulia Giovanelli, enrolled in master degree course in Law at University of Milan.
Master thesis research
Visiting Student at Sciences Po Law School under the supervision of Professor Diego P. Fernàndez Arroyo.
Thesis supervisor: Professor Luigi Fumagalli
Analysis of jurisdiction allocation criteria in cross-border private antitrust enforcement
The dissertation aims to evaluate the relationship between the jurisdictional criteria provided for by the EU Regulations and the antitrust claims for damages. The consequences of public nature arising from a breach of the antitrust rules have been known for a long time. The Commission and the Antitrust Authority have the power to impose fines on companies, up to a maximum limit of 10% of their turnover. Despite this power, companies are not discouraged from engaging in anti-competitive behavior or abusing their dominant position.
From this comes the opportunity to promote the application of competition law by strengthening the private-type instruments, that is to say, actions for compensation for damage.
The private application of antitrust law, unlike public enforcement, has two advantages. Firstly, it is promoted by those who have suffered damage from the anticompetitive behavior and therefore by highly motivated individuals. Secondly, it is characterized by an important element of fairness, which aims at the restoration of the prejudice suffered by the victims of the breach. A key moment in the private application of the EU and of the Member States antitrust rules is represented by Directive 2014/104. The Directive broadens the jurisprudence of the Court of Justice, which has clarified that anyone has the right to claim compensation for damage resulting from a restrictive behavior of the competition.
Often the same anticompetitive conduct can produce its effects in several States and towards more subjects of different nationalities. Consequently, in relation to the same breach, parallel actions of compensation for damage can be proposed. It’s necessary to establish which rules of private international law are most appropriate to resolve possible conflicts of law. In particular, the identification of the competent court and the applicable law in cases of parallel actions of compensation for damage and for the same case.
Education, Relevant attended courses
- International law
- International private and procedural law
- European Union law
- European Union competition law
- European transport law
- Visit to the Court of Justice in the context of Jean Monnet Scholarship granted by the European Commission
Having been awarded a merit scholarship for four consecutive years, I was selected and awarded to deepen my master thesis at Sciences Po Law School. Languages Italian (native language), English (fluent), French (basic)