Antitrust: Commission consults stakeholders on guidance for national courts when handling disclosure information

Vestager

European Union, 2019 Source: EC – Audiovisual Service

This article is brought to you in association with the European Commission.


The European Commission is inviting comments on a draft communication to assist national courts in dealing with requests to disclose confidential information in proceedings for the private enforcement of EU competition law. Stakeholders can send their contributions until 18 October 2019.

The Antitrust Damages Directive helps citizens and companies claim damages if they are victims of infringements of EU antitrust rules.

In this regard, national courts are likely to receive requests for disclosure of evidence containing confidential information. The Antitrust Damages Directive obliges Member States to ensure that national courts have the power to order disclosure of this evidence if a number of criteria are met. At the same time, Member States need to ensure that national courts have at their disposal effective measures to protect such confidential information.

National laws may differ largely as regards access to and protection of confidential information. It is very important that national courts strike the right balance between the claimants’ right to access information and the right of information owners to protect confidential information.

To support national courts in this task, the Commission has drafted a communication seeking to provide practical guidance to national courts in selecting effective protective measures, for instance considering the specific circumstances of the case, the type and the degree of sensitivity of the confidential information.

The draft communication presents a number of measures available to disclose relevant information while protecting confidentiality, and highlights the elements that courts could consider for choosing the most effective, within the boundaries of their national procedural rules.

The communication will not be binding for national courts and does not aim at modifying or bringing about changes to the procedural rules applicable to civil proceedings in the different Member States.

Responses to the consultation can be submitted until 18 October 2019. The Commission will carefully review all input before finalising the communication.

The consultation document is available here.

Background

Infringements of EU competition law such as cartels or abuses of dominant market positions cause very serious harm, not only to the economy as a whole but also to particular businesses and consumers. They may suffer harm, for example, because of higher prices or lost profits due to foreclosure from a market.

These victims are entitled to compensation for this harm. They can obtain such compensation by bringing an action for damages before a national court. The Antitrust Damages Directive, which Member States had to implement in their legal systems by 27 December 2016, makes it easier for victims of anti-competitive practices to obtain damages. More information on antitrust damages actions is available here.

the sting Milestones

Featured Stings

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

How COVID-19 is throttling vital migration flows

UN rights chief Bachelet appeals for dialogue in Sudan amid reports ‘70 killed’ in demonstrations

Asian and Pacific economies: decreases in tax revenue highlight need to broaden tax bases

Coronavirus: harmonised standards for medical devices to respond to urgent needs

Turkey: Extension of EU humanitarian programmes supporting 1.7 million refugees receives green light

Health services for Syrian women caught up in war, foster safety and hope: UNFPA

ILO: Progress on gender equality at work remains inadequate

EU plans to exploit the Mediterranean Sea and the wealth beneath it

An entrepreneurial point-of view on tackling the migration crisis and the risks of abolishing Schengen

So, what is your favourite Sustainable Development Goal?

Three ways to improve your corporate culture in the #MeToo era

Social inclusion: how much should young people hope from the EU? 

Athens urged to fast track asylum seekers amid island shelters crisis – UNHCR

Vaccination: understanding the challenges surrounding COVID-19 vaccination campaigns

What India’s route to universal health coverage can teach the world

To what extent are our moral standards responsible for killing people?

5 amazing schools that will make you wish you were young again

How to describe chronic pain beyond numbers? A Brazilian measuring instrument

Security Council must ‘come together’ to address the plight of children trapped in armed conflict, says UN envoy

Mental health as a tool of survival at the Pandemic

European Youth calls on European Council for urgent action on “humanitarian crisis” and questions the EU/Turkey deal respect of human rights

Future EU financing and recovery: MEPs to assess summit outcome

When will Eurozone’s unemployment rate stop being Europe’s worst nightmare?

Mobile World Congress 2015 first to debate EU’s new stance on Net Neutrality and Roaming Charges

Afghanistan: UN mission welcomes new polling dates following election delays

Fairness should be at the heart of the agricultural goods trade

Vaccination: understanding the challenges surrounding COVID-19 vaccination campaigns

A Sting Exclusive: “The Digital Economy and Industry are no longer opposing terms”, Commissioner Oettinger underlines live from European Business Summit 2015

Tiny Iceland teaches the West how to treat bankers

Women’s rights and how medical students can act as aides of progressive change

The results of Finland’s basic income experiment are in. Is it working?

We can decide to live within the limits of our planet

Promoting Health in the Brazilian Amazon: one nation but many cultures

ECB money bonanza not enough to revive euro area, Germany longs to rule with stagnation

New EU rules ensure better protection for 120 million holidaymakers this summer

EU Migrant Crisis: Italian Coast Guard Headquarters and Italian Navy to give host national opening addresses at Border Security 2016 in Rome

UN chief pays tribute to Egypt’s role in avoiding ‘dramatic’ escalation in conflict across the Gaza-Israel border

ACP-EU : Agreement on climate change, migration and post-Cotonou

CO2 can be a valuable raw material, not just a climate killer. Here’s how

Scientists have created biodegradable microneedles to fight eye disease

Annual UN women activists’ summit opens with focus on services, infrastructure

How start-ups will lead India through the Fourth Industrial Revolution

EU Ombudsman investigates the European Commission

EU and UK soon to be in a post-Brexit rush over free trade agreement with Australia

Commission and EIB provide CureVac with a €75 million financing for vaccine development and expansion of manufacturing

Could entrepreneurship be the real cure against the side effects of Brexit?

Rebuilding after COVID: The challenge is digital

Medical students: catalysts to close the gender gap

How the world can ‘reset’ itself after COVID-19 – according to these experts

Threat to biodiversity risks a flood of economic ruin

One third of poorer countries face both undernutrition and obesity: WHO report

State aid: Commission approves €900 million Slovenian scheme to support uncovered fixed costs of companies affected by coronavirus outbreak

Google case: A turning point in competition rules enforcement

Australia’s bushfires have pumped out half a year’s CO2 emissions

How Eurozone consumers spend their income when they have one…

25 years after population conference, women still face challenges to ‘well-being and human rights’, says UN chief

Cheese energy could power hundreds of UK homes

5G: How a ‘legion of robots’ could help save the rhino

The European Parliament fails to really restrict the rating agencies

Sponsored content: when QUALITY meets OPEX in manufacturing

More Stings?

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s