A recent ruling by a Spanish Commercial Court ( Juzgado de lo Mercantil) awarding damages to a company that had been a victim of a competition law infringement – only 10 months after the claim was lodged – has been hailed as a revolutionary advance in the civil law enforcement of competition-related rights. A closer look, however, invites caution – the Spanish rules of civil procedure are ill-suited to full-blown competition analyses and, despite some recent changes, much remains to be done if the goal is to channel competition claims through the courts.
The newly-created (September 2004) Commercial Courts are courts specialising in commercial law matters. Their creation has been possible due to a relaxation of the much-cherished principle of a ‘single jurisdiction’ for civil and commercial matters, enabling specialised courts to hear commercial disputes only. Among other fields of law, the jurisdiction to enforce the civil consequences of an infringement of Articles 81 and 82 of the European Commission (EC)
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