Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, April 19, 2021

Balancing Disclosure and the Protection of Confidential Information in Private Enforcement Proceedings: The Commission’s Communication to National Courts

Balancing Disclosure and the Protection of Confidential Information in Private Enforcement Proceedings: The Commission’s Communication to National Courts


ABSTRACT:
  • Disclosure of evidence and protection of confidentiality are two aspects of private enforcement proceedings that by definition are in tension.

  • The Communication further builds on the rules of the Damages Directive to address this. It sets out a number of practical issues that a national court could consider for selecting effective measures to protect confidentiality when ordering the disclosure of evidence.

  • The Communication seeks to contribute to a more efficient handling of disclosure issues by national courts to the benefit of parties and national judges.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/04/balancing-disclosure-and-the-protection-of-confidential-information-in-private-enforcement-proceedings-the-commissions-co.html

| Permalink

Comments

Post a comment