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. Chapter 12. German
Procedure: Evidence and Burden of Proof. Chapter 13. German Procedure
Costs and Limitation Periods. Chapter 14. Conclusion.