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The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU

Chirita, Anca Daniela



V. Tomljenović

N. Bodiroga-Vukobrat

V. Butorac Malnar

I. Kunda


The aim of this contribution is to reflect on the principles underpinning the disclosure of evidence under Directive 2014/104/EU, namely the principles of proportionality, effectiveness, equivalence and consistency. It also aims to review the legislative techniques that the Directive has used in order to codify the previous case law of the European Union (EU) courts and to discuss several recent rulings, including Carglass, Pilkington, Evonik Degussa and others. Finally, the author draws conclusions on the adequacy of the achieved codification of the previous case law on the disclosure of evidence and access to such evidence, as well as on its potential implications for the Member States. This contribution is based on a presentation delivered at the 4th Petar Šarčević international conference on ‘EU Competition and State Aid Rules: Interaction between Public and Private Enforcement’ in Rovinj, Croatia. The author would like to thank the organisers of the wonderful conference, the editors and commentators, especially Vlatka Butorac Malnar, Judges Vesna Tomljenović, Marc Jaeger, Viktor Kreuschitz and Miro Prek, and also Marc Barennes and Nuria Bermejo Gutierrez.


Chirita, A. D. (2017). The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU. In V. Tomljenović, N. Bodiroga-Vukobrat, V. Butorac Malnar, & I. Kunda (Eds.), EU competition and state aid rules : public and private enforcement (147-173). Springer Verlag.

Acceptance Date Sep 10, 2015
Online Publication Date Dec 29, 2017
Publication Date Dec 29, 2017
Deposit Date Oct 30, 2015
Publisher Springer Verlag
Pages 147-173
Series Title Europeanization and globalization
Book Title EU competition and state aid rules : public and private enforcement.
ISBN 9783662479612