Discovery, Confidentiality and Disclosure of Evidence Under the Private Enforcement of EU Antitrust Rules

56 Pages Posted: 19 Dec 2006

Date Written: September 8, 2006

Abstract

The approval of Regulation 1/2003 and the accompanying "modernisation package" of EU antitrust rules has taken antitrust into the civil process. Some rules of this new private enforcement framework are clearly different from those of publicly enforced systems. Most noteworthy are the differences between the public bodies' and private parties to bring evidence into the process.

This paper describes the implications of rules governing discovery, confidentiality and disclosure of evidence on the private enforcement system. Also highlights the importance of the exchange of information between competition authorities and civil courts in fostering private enforcement. It then turns towards the main concerns that this new approach to antitrust enforcement generates in the EU from a confidentiality and business secrets protection standpoint. It also points to the need to avoid excessive litigation, and insist on the objective of harmonising the existing domestic regulations of private proceedings across all Member States.

Keywords: legal procedure, confidentiality, evidence, private enforcement, competition law

JEL Classification: K21, K41

Suggested Citation

Sanchez-Graells, Albert, Discovery, Confidentiality and Disclosure of Evidence Under the Private Enforcement of EU Antitrust Rules (September 8, 2006). Instituto de Empresa Business School Working Paper No. WPED06-05. Available at SSRN: https://ssrn.com/abstract=952504 or http://dx.doi.org/10.2139/ssrn.952504

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

HOME PAGE: http://www.howtocrackanut.com/

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