Disclosure in European Competition Litigation Through the Lens of US Discovery

Research output: Journal contributionsJournal articlesResearchpeer-review

Authors

  • Sebastian von Massow
  • Andreas Ruster
The disclosure regime introduced by the EU Damages Directive is largely unprecedented in many EU Member States. Its implementation raises a number of thorny questions for both legal scholarship and practice. This contribution proposes a comparative analysis of Germany's implementation through the lens of US discovery as a means of exposing issues, testing weaknesses, and exploring potential solutions. While the US certainly does not get everything right, it has grappled with questions of disclosure for decades. This wealth of experience and case law provides a rich vein for European (civil law) legislators and practitioners alike to mine. To this end, we analyse the key uncertainties that persist in Germany's implementation: from the conditions and costs of disclosure, to the protections against disclosure, and the consequences of a breach. Each step of the way the US model serves as a preface to the German approach, providing context for a critical comparative analysis. We conclude with practical recommendations for the future.
Original languageEnglish
JournalWorld Competition
Volume43
Issue number3
Pages (from-to)347-372
Number of pages26
ISSN1011-4548
DOIs
Publication statusPublished - 09.2020

Bibliographical note

Publisher Copyright:
© 2020 Kluwer Law International BV, The Netherlands.

    Research areas

  • Disclosure, Discovery, Damages Directive, Comparative Law, European Law, German Law, US Law, Litigation Hold, Legal Privilege, Principle of Effectiveness
  • Law

DOI

Recently viewed

Publications

  1. Housing in the Margins: Negotiating Urban Formalities in Berlin's Allotment Gardens
  2. What drives the development of community energy in Europe?
  3. Talking the Talk, Moral Entrapment, Creeping Commitment?
  4. Leitfadengestützte Interviews
  5. Antidepressants
  6. New frontiers in arts sociology
  7. Iniciativa personal
  8. Technology and Organization in Manufacturing
  9. Determination of phosphorus in phosphorylated deoxyribonucleotides using capillary electrophoresis and high performance liquid chromatography hyphenated to inductively coupled plasma mass spectrometry with an octopole reaction cell
  10. Mehr Transparenz wagen
  11. Biased consumers' hypotheses on price-quality-relationships: Influences of numerical anchors
  12. Pollution exposure on marine protected areas
  13. How interest groups adapt to the changing forest governance landscape in the EU
  14. Enhancing Employee Self-Care
  15. Do virtual patients prepare medical students for the real world?
  16. Das Unvermeidliche vermeiden
  17. International Workshop (2019): "The LOSC 25 Years After its Entry into Force: Between Comprehensiveness and Exceptionalism”
  18. Antineoplastic compounds in the environment
  19. Activity reversal of Tet repressor caused by single amino acid exchanges
  20. With a little help from my website. Firm survial and web presence in times of COVID-19 - Evidence from 10 European Countries
  21. Post-failure impression management
  22. The opportunity development process of nascent entrepreneurs
  23. The Cabinet
  24. Measuring the Speed of Information Technology in Enterprises
  25. Circular supply chain management for the wind energy industry
  26. Is this Art?
  27. A cognitive mess