The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet)

A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement* That court must, however, ensure that the disclosure of evidence is actually necessary and proportionate for the purpose of the action for damages In January 2012, the Czech competition authority initiated proceedings concerning the possible abuse of a dominant position by České dráhy, the national railway company owned by the Czech State. The alleged infringement of competition law consisted in the application of predatory pricing in the provision of rail passenger transport services in the Czech

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European Court of Justice, The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of competition law proceedings for damages, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (Regiojet), 12 January 2023, e-Competitions January 2023 - II, Art. N° 110566

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