La prueba en los procesos civiles relativos a la reparación de los daños y perjuicios por infracción de la normativa de Defensa de la CompetenciaA propósito de la propuesta de Directiva del 11 de junio de 2013

Abstract

The main idea behind this study is achieving a European procedural system or common frame in the EU, removing practical obstacles to compensation for all victims of infringements of EU antitrust law. As far as we know, Competition law is one of the most important issues of the European Union policies. Until very recent public enforcement was predominating in this topic, that is, enforcement was undertaken by the European Commission and by specially entrusted authorities of the Member States: the National Competition Authorities. Nowadays, the Commission´s policies are focused in the development and improvement of the private enforcement of the European competition law. But, what private enforcement of the competition law means? That is, briefly, the judicial application of the antitrust rules (101 and 102 articles of the TFUE) by the national courts of each European member state. Normally, through damages actions by the victims of the infringement of Competition law. But, is it really an efficient system in the European Union? The last legal instrument to improve the private enforcement of the European Competition law is the proposal for a Directive on Antitrust Damages Actions adopted on 11 June 2013 in addition of the amendments by the European Parliament on 17 April 2014. Considering this proposal, our study will be focused on the procedural rules of damages actions, specifically, the burden of proof and the access to evidence.