Collecting Evidence Through Access to Competition Authorities’ Files – Interplay or Potential Conflicts Between Private and Public Enforcement Proceedings?

Anna Gulińska, Graduate of the Jagiellonian University in Kraków, holder of a Postgraduate Diploma in EU Competition Law, King’s College, University of London; legal advisor with the Warsaw Bar of Legal Advisors and senior associate at Dentons Follow

Keywords

competition, cartels, private enforcement, damages actions, leniency, Damages Directive, access to file

Abstract

Information asymmetry between claimants seeking damages for competition law violations and the alleged infringing undertaking(s) is a key problem in the development of private antitrust enforcement because it often prevents successful actions for damages. The Damages Directive is a step forward in the facilitation of access to evidence relevant for private action claims. Its focus lies on, inter alia, 3rd party access to files in proceedings conducted by national competition authorities (NCAs). The harmonization was triggered by the inconsistencies in European case-law and yet the uniform rules on access to documents held in NCAs’ files proposed in the Damages Directive seem to follow a very stringent approach in order to protect public competition law enforcement. The article summarizes the most relevant case-law and new provisions of the Damages Directive and presents practical issues with respect to its implementation from the Polish perspective.

Recommended Citation

Gulińska, A. (2015). Collecting Evidence Through Access to Competition Authorities’ Files – Interplay or Potential Conflicts Between Private and Public Enforcement Proceedings?. Yearbook of Antitrust and Regulatory Studies, 8(12), 161-180. Retrieved from https://press.wz.uw.edu.pl/yars/vol8/iss12/6

First Page

161

Last Page

180

Page Count

Publisher

University of Warsaw

Publication Date

2015-12-31

Download

COinS