Disclosure

Advocate General, Damages, Disclosure, Enforcement, Leniency, Private enforcement, Procedures, Public procurement, Settlement

(University of Vienna)/ /Leave a comment

The scope of the protection of leniency documents appears to be the central issue when it comes to the discussion about whether there is a conflict between private and public enforcement. AG Szpunar’s statements in the recently published Opinion (C-2/23) have now shed light on the CJEU’s possible direction for how to deal with this…

Damages, Disclosure, Germany

(Clifford Chance)/ /Leave a comment

Executive Summary On 20 February 2024, the German Federal Court of Justice (“FCJ“) ruled on the disclosure of trade secrets in antitrust proceedings. The underlying case (File No. KVB 69/23) concerns the German Federal Cartel Office’s (“FCO“) antitrust investigation into Google’s business practices and the FCO’s intention to disclose information to a third party TomTom,…

Cartels, Damages, Disclosure, European Court of Justice, European Union, Principle of Effectiveness

(University of Göttingen, Germany) and (University of Vienna, Austria)/ /Leave a comment

In recent years, the landscape of antitrust damages actions in the European Union has evolved significantly, guided by landmark rulings from the Court of Justice of the European Union (CJEU). Our recent paper provides a comprehensive overview of these developments as part of the Yearbook on Procedural Law of the Court of Justice of the…

Austria, Competition proceedings, Confidentiality, Damages, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Digitisation, Disclosure, Enforcement, European Commission, Evidence, Germany, National competition authorities (NCAs), Procedures, Proportionality, Regulation

(University of Vienna, Austria) and (University of Vienna)/ /Leave a comment

The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…

Costs, Damages, Disclosure, Estimation, European Court of Justice, Evidence, Liability, Litigation, Private actions, Private enforcement, Procedures

(University of Vienna, Austria)/ /Leave a comment

The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages Directive. The CJEU followed AG Kokott’s opinion to…

Damages, Disclosure, European Court of Justice, National competition authorities (NCAs), Railway, References for a preliminary ruling

(University of Göttingen, Germany)/ /Leave a comment

The preliminary ruling of 12 January 2023 in RegioJet can easily be perceived as a continuation of the jurisprudence on disclosure rules that was developed by the European Court of Justice (the Court or ECJ) in the case of C-163/21 – PACCAR. The PACCAR case concerned specific questions of disclosure of documents, which were not…

Damages, Disclosure, European Court of Justice, Evidence, National court, Private enforcement, Proportionality

(University of Göttingen, Germany)/ /Leave a comment

On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…

Collective Redress, Damages, Disclosure, Effects-based, Enforcement, European Union, Evidence, Fair Fund, International Law Talk, Leniency, Liability, National competition authorities (NCAs), Podcast, Private actions, Private enforcement, Procedures, Standard of Proof

(University of Vienna, Austria)/ /Leave a comment

Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

Australia, Cartels, Criminal enforcement, Criminal sanctions, Disclosure, Leniency

, (K&L Gates)/ /Leave a comment

Legal professional privilege (LPP) has long been recognised as a powerful, though controversial protection. As the Australian High Court once declared, it is “a practical guarantee of fundamental constitutional or human rights”.[1] Yet, despite its well-established jurisprudential position, its utilisation to protect internal cartel investigation records of criminal cartel immunity applicants (IA) from being disclosed…

Advocate General, Damages, Disclosure, European Court of Justice, Evidence, Private actions, Private enforcement

(Latham & Watkins LLP) and (University of Vienna, Austria)/ /Leave a comment

Recent posts on this blog (here) have already highlighted the role that the adoption of Directive 2014/104/EU (Damages Directive or Directive) and the European Commission’s (EC) decision in case AT.39824 – Trucks, amongst other events, have played as turning points in private enforcement of competition law in the EU. The Directive has led not only…