Competition Damages Actions in the EU
Law and Practice, Second Edition
David Ashton
Extract
Evidence is crucial to the bringing of a damages action. The claimant needs access to evidence in order to establish, inter alia, the harm that he himself has suffered. Five years ago, at around the time of the Commission’s proposal for a directive, it could have been said that the substantive conditions for a claim were the key issue in terms of clarification, and development, of the law. Today, that focus has shifted to evidentiary issues. This is shown by the fact that current jurisprudence of the EU courts on competition law damages actions, the Evonik Degussa case-law, pertains to this field.
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