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Disclosure of leniency documents in the United Kingdom : Is the draft directive creating barriers?

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journal contribution
posted on 15.04.2014, 12:59 by Sebastian Peyer
This article looks at the potential impact of the draft Directive on U.K. discovery in antitrust cases and the lessons that have been learned in the U.K. courts so far. The focus will be on the practice involving leniency and settlement documents in private litigation. The U.K. experience may help to understand how discovery procedures could work in other jurisdictions and it also shows that sensible judicial oversight can limit the costs associated with the disclosure of evidence. Section 2 briefly describes the disclosure regime in the United Kingdom and the likely impact of the EU disclosure proposal. Section 3 looks at how the U.K. courts have solved the specific problem of access to leniency submissions. Section 4 discusses the potential issues arising from the limitations suggested in the draft Directive. Section 5 concludes.

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Citation

Antitrust Chronicle, 2013 , 8 (1), pp. 1-8

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

AM (Accepted Manuscript)

Published in

Antitrust Chronicle

Publisher

Competition Policy International

Copyright date

2013

Available date

25/04/2014

Publisher version

https://www.competitionpolicyinternational.com/disclosure-of-leniency-documents-in-the-united-kingdom-is-the-draft-directive-creating-barriers/

Language

en

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