In this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into... Show moreIn this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into agreements as to proceedings, as they may contribute to a swift and efficient course of the civil proceedings. In addition, research into these agreements can result in a better insight into the question about the control over the proceedings. Who ultimately has the right to determine the course of affairs during the proceedings? Is it the parties, whose substantive rights are at issue, or is it the government, which makes the civil proceedings available? Three main questions are to be distinguished in this research. Firstly, the admissibility of agreements as to proceedings has been examined. To what extent can parties validly conclude an agreement as to proceedings? Secondly, the effect of agreements as to proceedings has been examined. What are the consequences of an agreement as to proceedings concluded by parties? Finally, it has been investigated what rules are applicable to such agreements. Show less
This thesis discusses the question to what extent and how European and Dutch competition law can be enforced using private law techniques within the Dutch legal system. A principal reason for... Show moreThis thesis discusses the question to what extent and how European and Dutch competition law can be enforced using private law techniques within the Dutch legal system. A principal reason for enquiring into this question is the modernisation and decentralisation of European competition law enforcement. Chapter 2 discusses the objectives and contents of competition law. Chapter 3 considers the main points of the question how the public law enforcement of competition law works. Chapter 4 explores the contours of the different options and developments in the private law enforcement of competition law. Chapter 5 examines the evolution of the role played by the national court in the private law enforcement of competition law. Chapter 6 explores the arbitrator’s role in the private law enforcement of competition law. Chapter 7 reviews the award of damages on account of breach of competition law. Chapter 8 examines the role played by collective actions in the private law enforcement of competition law. Chapter 9 explores evidentiary problems in the private law enforcement of competition law and the possible solutions. Chapter 10 discusses several aspects of private international law that could play a role in the private law enforcement of competition law. Chapter 11, finally, contains some concluding observations. Show less
