Civil Procedure Used for Enforcement of EC Competition Law by the English, French and German Civil Courts

Author: George Cumming; Brad Spitz; Ruth Janal
Publisher: Kluwer Law International
ISBN: 9789041124715
Published In: April 2007
Format: Hardback , 320 pages
Jurisdiction: Europe, France, Germany, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The authors show how basic principles—such as protection of the rights of the defence, legal certainty, and proper conduct of the procedure—facilitate the application of the doctrines of effectiveness and non-discrimination to those elements of the national procedure which impede in some manner the effective enforcement of Articles 81 and 82 EC. Their in-depth analysis ranges over procedural aspects of such elements as rules of evidence, costs, expert testimony, injunctions, burden of proof, limitations, and forms of compensation, ultimately leading them to propose clear modifications of certain rules of national procedure that go a long way toward ensuring adequately effective enforcement.

Preface. Introduction.

Chapter 1. English, French and German Civil Procedure.

Chapter 2. English Procedure: Evidence.

Chapter 3. English Procedure: Conditional Costs.

Chapter 4. English Procedure: Expert Evidence and Assessors.

Chapter 5. English Procedure: Disclosure.

Chapter 6. English Procedure: Costs.

Chapter 7. English Interim Injunctions and Representative Actions.

Chapter 8. French Civil Procedure.

Chapter 9. French Procedure: Proof and Evidence.

Chapter 10. French Procedure: Forms of Compensation and Costs of Actions.

Chapter 11. German Procedure: Representative Actions and Binding Effect of Cartel Authorities Decisions.