The European Commission adopted on Monday 20 July a Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition rules.
This non-binding text lists the measures that national courts may consider taking with regard to the production of confidential information during private enforcement actions.
The Communication provides practical guidance to national courts in selecting effective safeguards, specifically taking into account the particular circumstances of the case, the type of information requested, the extent of disclosure, the parties and relationships involved, and the administrative burden.
The Communication sets out a number of measures (blackouts, access restrictions, use of experts, closed hearings) that national courts may order, depending on their procedural framework, in order to protect confidential information in the context of requests for disclosure during and after the closure of the procedure, and specifies how and when these measures could be effective.
The Antitrust Damages Directive helps citizens and businesses seek compensation when they are victims of infringements of EU rules on anti-competitive practices. Link to the communication: https://bit.ly/2OGhpNV (Original version in French by Lionel Changeur)