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Competition Damages Actions in the EU

Law and Practice, Second Edition

David Ashton

In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.
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Chapter 4: EVIDENCE I

Law and Practice, Second Edition

David Ashton

Extract

Evidence is crucial to the bringing of a damages action. The claimant needs access to evidence in order to establish, inter alia, the harm that he himself has suffered. Five years ago, at around the time of the Commission’s proposal for a directive, it could have been said that the substantive conditions for a claim were the key issue in terms of clarification, and development, of the law. Today, that focus has shifted to evidentiary issues. This is shown by the fact that current jurisprudence of the EU courts on competition law damages actions, the Evonik Degussa case-law, pertains to this field.

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