Disclosure of Evidence under the New EU Directive on Private Damages

April 13, 2015
The rules on the disclosure of evidence under the new EU Directive on antitrust actions for damages attempt to strike a balance between two conflicting interests: the public antitrust enforcement interest in protecting the effectiveness of leniency programs across the EU and the private antitrust enforcement interest in encouraging private antitrust litigation by granting damage claimants access to as much evidence as possible. These new rules introduce a well-balanced solution that serves both causes and should pave the way for increased antitrust litigation in all EU Member States.