Anneli Howard has had an article published in the Journal of European Competition Law & Practice on the new disclosure regime envisaged under Directive 104/2014. She considers how this is likely to interact with access to copies of confidential and non-confidential versions of Commission decisions for the purpose of damages proceedings. The article discusses the implications of the EU rulings in Pergan, Pilkington and AKSO for the Pfleiderer test and how that position compares with the EU Commission in its recent MasterCard opinion. It then discusses the recent approach adopted by the High Court in the Air Cargo litigation and what influence that ruling could have for judges in other Member States, when they come to exercise their discretion in balancing the parties’ competing interests.
Disclosure of Infringement Decisions in Competition Damages Proceedings: How the UK Courts Are Leading the Way Ahead of the Damages Directive was featured in the March edition of the journal.
Please click here to view the article.