By Cornelis Canenbley (auth.), Cornelis Canenbley (eds.)
Introduction VII I. short define of significant legislation provisions I creation I 1. zero 1. 1 I united states Germany 1. 2 2 1. three EEC 2 1. four France three 1. five U. ok. four 1. 6 Switzerland five 1. 7 Italy five 1. eight Australia five 2. Is there noticeable provision less than nationwide legislation for the extrat- ritorial program of that legislations? 7 2. zero creation 7 2. 1 united states 7 2. 2 Germany eight 2. three EEC nine 2. four France nine 2. five U. ok. 10 2. 6 Switzerland eleven 2. 7 Italy eleven 2. eight Australia eleven three. suitable rules of intemationa11aw 12 The princip1e of nation Sovereignty three. 1 12 The intemational1aw princip1e of Comity three. 2 thirteen three. three the perfect to be heard on your personal defence thirteen three. four Jurisdiction dependent upon nationality; own Jurisdiction 14 three. four. 1 united states 14 three. four. 2 Germany 15 three. four. three EEC 15 France three. four. four 15 three. four. five U. ok. sixteen three. four. 6 Switzer1and sixteen three. four. 7 Ita1y sixteen Australia three. four. eight sixteen IX three. five nation hospitality to trade sixteen three. five. 1 united states 17 three. five. 2 EEC 17 three. five. three Germany 18 three. five. four Switzerland 18 four. nationwide procedural ru1es 19 four. zero creation 19 four. 1 united states 20 four. 1. 1 Written requests for info (discovery orders) 20 four. 1.
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G. through a subsidiary, the Commission should also have the power to obtain the information. On the basis of the economic unit theory, the group is held to be present within the Community and therefore the situation should not be different from that under (i) above. 1 above, the Court, in United Brands (Chiquita), seems to imply that the Commission has the power to request information located outside the Community which is under the control of a non-EEC group, at least when the group has a subsidiary within the Community.
Principle of professional confidentiality. Once installed, 'legal tourists' use their best efforts to obtain, primarily by means of depositions, the testimony of witnesses and the documents with which they hope successfully to represent the interests of their clients in a United States court. Citizens of France, the United States and third countries are invited unceremoniously to testify in what might irreverently be described as a three-star chamber. e. with the acquiescence of both the foreign party and its government.
Under American procedure the discovery and production of evidence is left primarily to the parties. Generally, there is no prior judicial authorisation or control, the role of the court being to enforce applicable rules, resolve procedural disputes, and protect against potential abuse. Thus, the conducting of depositions abroad will probably be the task of the attomey whose client is seeking compensation for darnage inflicted by the operation of a cartel. Under American procedure, the conducting of such a deposition is not regarded as the exercise of State power.
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