Description
Access to sources of evidence in Competition Law
Book Summary
This work offers a critical and exhaustive analysis of access to sources of evidence in procedures for damages claims resulting from infringements of Competition Law. Almost eight years after the reform that transposed Directive 2014/104/EU, the author examines the practical application of Articles 283 bis a) to 283 bis k) of the LEC (Civil Procedure Act), identifying regulatory gaps and proposing concrete improvements. The book focuses on how to reduce information asymmetry between parties to guarantee effective judicial protection and full compensation for those harmed by anti-competitive practices.
What is it about?
The work addresses the issue of access to sources of evidence in the context of Competition Law, specifically in damages claims derived from anti-competitive practices. Starting from the reform of Royal Decree-Law 9/2017, the author analyzes the current procedural regulation, its origin, and its application in judicial practice. The difficulties faced by injured parties in obtaining key information, potential legal loopholes that hinder the exercise of their rights, and the tensions between the protection of whistleblowers (leniency programs) and the right to evidence are examined. Finally, an articulated *de lege ferenda* proposal is offered to improve regulations and enhance the practical utility of access to sources of evidence.
Main Topics
- Access to sources of evidence in antitrust damages proceedings.
- Analysis of Articles 283 bis a) to 283 bis k) of the Civil Procedure Act (LEC).
- Transposition of Directive 2014/104/EU and its practical application.
- Information asymmetry between parties in competition litigation.
- Proposals for legislative improvement (de lege ferenda) for effective judicial protection.
- Balance between the protection of leniency programs and the right to evidence.
Who is it recommended for?
This book is aimed at lawyers specializing in Competition Law and Procedural Law, corporate legal counsel, judges, magistrates, prosecutors, and judicial clerks. It is also of great utility to academics, researchers, and postgraduate students delving into the private enforcement of Competition Law and the law of evidence. Any professional involved in antitrust damages litigation will find in this work a practical and critical analysis of current regulations.
What this book provides
- A critical and detailed analysis of the procedural regulation on access to sources of evidence in antitrust damages claims.
- Identification of gaps and practical problems detected in jurisprudence, with concrete proposals for legislative improvement.
- An updated and practical vision, based on almost eight years of application of the 2017 reform.
- Tools to reduce information asymmetry and improve the procedural position of those harmed by anti-competitive practices.
Technical Specifications
- Author: FUGUET CARLES, XENIA
- Publisher: J.M.BOSCH
- Language: Spanish
- Topic: PROCEDURAL LAW, COMPETITION LAW
- Collection: J.M. BOSCH EDITOR MERCANTILE COLLECTION
- Binding: Paperback
- Edition date: May 2025
- Number of pages: 410
- Weight: 750 g
Editorial Review
This is a rigorous and specialized work that addresses a key aspect of antitrust litigation: access to evidence. The author combines her academic and professional experience to offer a practical, critical, and proactive analysis. It is a valuable tool for any legal professional seeking to understand and effectively apply the regulations on damages claims for competition infringements, especially given the challenges posed by information asymmetry between the parties.