Some Thoughts on Evidence and Procedure in European Community Competition Law

This Article is written in honor of Bo Vesterdorf, President of the Court of First Instance of the European Communities, ("CFI") a court in which we were both sitting as founding judges. Without diminishing the input of Judge Vesterdorf as President of the CFI, I would like to take this opportunity to revisit the first big cartel case that was brought to the CFI. In the so-called Polypropylene case, I was the Judge Rapporteur, and Judge Versterdorf officiated as the Advocate General. This case raised important issues as to evidence and procedure in European Community competition law.

Therefore, the aim of this Article is to highlight the significance of Judge Vesterdorf's Opinion as the Advocate General ("Vesterdorf Opinion") in this case and the further developments of the case law on these issues.