By Claus-Dieter Ehlermann, Isabela Atanasiu
The ecu pageant legislations Annual 2001 is the 6th in a chain of volumes following the yearly workshops on ecu pageant legislation and coverage held on the Robert Schuman Centre of the ecu college in Florence. the quantity reproduces the fabrics of the roundtable debate that came about on the 6th assembly of the Workshop (June 2001) which tested the stipulations for a good inner most enforcement of EC antitrust ideas. the appliance of EC antitrust ideas within the context of personal litigation ahead of nationwide courts and arbitration tribunals is turning into a hugely topical topic opposed to the historical past of the continuing debate in regards to the decentralization of EC antitrust enforcement. The members - a bunch of senior representatives of the fee, nationwide judges, arbitrators, popular teachers and foreign criminal specialists within the box of antitrust - mentioned the next points: the supply and effectiveness of considerable treatments within the enforcement of EC antitrust ideas on the ecu point normally and in 4 significant ecu jurisdictions particularly (England, France, Italy and Germany); the procedural concerns bobbing up within the enforcement of EC antitrust ideas through nationwide courts in 4 european jurisdictions (England, France, Italy and Germany) and on the ecu point regularly; and the issues coming up within the software of Article 81(3) EC by means of arbitration tribunals.
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Extra info for European Competition Law Annual 2001: Effective Private Enforcement of Ec Antitrust Law (European Competition Law Annual)
For a future, enlarged Community with 27 or 28 Member States, it is not a desirable—or even a viable—concept that the application of the EC competition rules should largely be limited to administrations acting as public enforcers. Companies or individuals that suﬀer from an infringement of the EC competition rules should, as a general rule, be able to seek redress in the locally competent civil or commercial court, possibly before a locally competent specialised court or specialised chamber of a court.
One of the most important problems that was many times mentioned is that civil litigation follows the adversarial system, unlike administrative authorities that follow the investigatory one. This means that civil courts rely on the information provided by the parties. Competition law presupposes an extensive degree of market information. This is particularly true of Article 81(3) but also of Article 82. 23 One solution would be to have the Commission ﬁll this gap through the cooperation mechanism of Article 15 of the Draft Regulation, whereby national courts request from the former information in its possession or its opinion.
Judges generally have a large margin of discretion as to how they conduct the proceedings in a case. They can adapt the course of the procedures to the various subject-matters that come before them. We should explore the extent to which, and the ways in which, civil courts can take account of the speciﬁc requirements of cases involving the application of the EC competition rules, on the basis of the principles governing their procedures. The toolboxes of national courts presents the potential to tackle the apparent problems, particularly with regard to claims for damages.
European Competition Law Annual 2001: Effective Private Enforcement of Ec Antitrust Law (European Competition Law Annual) by Claus-Dieter Ehlermann, Isabela Atanasiu