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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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Civil Procedure in EU Competition Cases Before the English and Dutch Courts (Hardcover)
Loot Price: R6,535
Discovery Miles 65 350
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Civil Procedure in EU Competition Cases Before the English and Dutch Courts (Hardcover)
Expected to ship within 10 - 15 working days
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For decades it seemed clear that EC competition law was enforceable
effectively at the national level, and ECJ case law has continued
to bear this out. In recent years, however, the Commission has been
proposing harmonization of national rules of procedure in
competition cases, implying that procedural autonomy is
insufficient on its own to produce an effective enforcement system
in this area. As the authors of this book clearly demonstrate, this
suggests a binary system governing the enforcement of EC Articles
81 and 82: namely, that led by the Commission through directives
and eventual regulations, and that built on ECJ principles in areas
not dealt with by such Community instruments. This book describes
and analyzes not only the specific Commission recommendations, but
also the manner and extent to which these recommendations are or
may be implemented in civil procedure. In particular, the authors
consider changes which may be required if these recommendations are
incorporated into Dutch and English rules of civil procedure. Also
addressed are elements of procedure not mentioned by the Commission
but which might usefully be considered in the context of ECJ
principles of effectiveness, equivalence and effective judicial
protection of rights. At the heart of the study is a detailed
analysis of the Commission White Paper on Damages Actions and the
Commission Staff Working Paper, both issued early in 2009. The
in-depth analysis ranges over procedural aspects of such elements
as the following: - standing; - disclosure and access to evidence;
- burden of proof; - fault/no fault; - costs of damages actions; -
injunctions; - civil versus administrative enforcement; -
limitations; - leniency programmes; - collective actions; -
confidentiality; and - forms of compensation. Anticipating as it
does a looming impasse in European competition law, this remarkable
book sheds defining light on the real implications of EC
competition law for parties to damages actions, not only in the
national systems studied but for all Member States. For
practitioners and jurists it offers a particularly useful approach
to the handling of cases involving European competition law, and
also serves as a guide to current trends and as a clarification of
doctrine.
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