Balancing Effective Public Enforcement Against the Needs of Access to Justice: Current Debates on the Access to NCA-Held Evidence in the Course of Civil Proceedings

By Arianna Andreangeli – 

This paper will consider whether the current approach to the secrecy of leniency documents enshrined in the 2014 EU Antitrust Damages Directive strikes an appropriate balance between maintaining the effectiveness of public enforcement and securing the right of access to justice for antitrust victims. It will argue that having a total ban on the disclosure of specific types of evidence may not be a proportionate response to the concerns for maintaining the secrecy of leniency and settlement submissions vis-à-vis ensuring that claimants can obtain the evidence that is both relevant and necessary to build their case in court.

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