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

ISBN: 9789041124715 出版年：2007 页码：322 Cumming, George Spitz, Brad Kluwer Law International

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.