Idot, L; Kroes, F; Osti, C; Petrasincu, A; Wagner-von Papp, F; (2017) Disclosure of evidence included in the file of a competition authority (implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017). Concurrences (3) pp. 27-36.

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Abstract

The disclosure provisions of the EU Damages Directive allow national courts to order competition authorities to disclose certain documents and information in damages proceedings. In addition, private parties can also be ordered to disclose certain evidence that they have obtained through access to the files of a competition authority. Leniency applications as well as settlement submissions and certain other documents are, however, excluded from disclosure. While the disclosure provisions at first glance seem to be rather clear in this respect, both the Damages Directive as well as the national provisions implementing the Directive raise a number of questions. This article explores the issues raised by the new provisions under the laws of France, Germany, Italy, the Netherlands, and the United Kingdom.

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