Compensation for damage: The Advocate General Szpunar calls on the Court of Justice of the European Union to accept that the victim of anti-competitive practices may obtain from the perpetrator evidence created ex Novo, by aggregating or classifying information, knowledge or data in his possession, in compliance with the principle of proportionality (AD/DAF Trucks)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 7 April 2022, Advocate General Maciej Szpunar delivered his Opinion in Case C-163/21 (AD and Others v PACCAR Inc, DAF TRUCKS NV and DAF Trucks Deutschland GmbH) following a reference for a preliminary ruling from the Tribunal de Commerce de Barcelona. Decidedly, the Commission's decision sanctioning the truck cartel on July 19, 2016, but also the follow-on actions that followed, as well as the preliminary references filed, especially by the Spanish courts, in these follow-on actions contribute greatly to the interpretation of the Damages Directive of November 26, 2014, and thus to the repression of anti-competitive practices, and singularly of cartels,

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Compensation for damage: The Advocate General Szpunar calls on the Court of Justice of the European Union to accept that the victim of anti-competitive practices may obtain from the perpetrator evidence created ex Novo, by aggregating or classifying information, knowledge or data in his possession, in compliance with the principle of proportionality (AD/DAF Trucks), 7 April 2022, Concurrences N° 2-2022, Art. N° 106147, www.concurrences.com

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