Disclosure of Infringement Decisions in Competition Damages Proceedings: How the UK Courts Are Leading the Way Ahead of the Damages Directive

摘要

The disclosure reforms introduced by the Damages Directive will undoubtedly change the litigation landscape in the EU, making it easier for claimants to have access to key items of evidence in order to substantiate their case. Whether it will create a uniform playing field across the EU remains to be seen. In some Member States, judges will be culturally reluctant to permit disclosure and may pay close scrutiny to the proportionality of requests. In others, the balance may go the other way if insufficient regard is paid to the position of third parties that are implicated but not indicted by the decision. Cue forum shopping and further preliminary references to the CJEU. As is often the case, the well-intentioned Christmas present may create some headaches once it is put into play...