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

Annotation

The authors show how basic principlessuch as protection of the rights of the defence, legal certainty, and proper conduct of the procedurefacilitate 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.