On 10 November 2022, the European Court of Justice (“ECJ”) clarified the meaning of ‘relevant evidence’ within the meaning of Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (“Damages Directive”). In particular, the ECJ found that national courts may order the disclosure of documents which must be created ex novo, provided that such disclosure order does not place a
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