CJEU decision on disclosure under the Damages Directive implies post-Brexit divergence between EU and UK competition damages claims

On 10 November 2022, the European Court of Justice (CJEU) issued a preliminary ruling on the interpretation of the disclosure obligation under the EU directive that harmonised national rules governing actions for damages for breaches of competition law in EU member states and the UK (the Damages Directive).

The preliminary reference to the CJEU arose out of damages claims in Barcelona, which followed on from the European Commission’s 2016 Trucks decision that several truck manufacturers unlawfully coordinated prices in breach of Article 101 TFEU. The claimants requested evidence from the defendants to help them to quantify any overcharge arising from the infringement.  The defendant truck manufacturers argued that complying with the disclosure request would require them to create new documents that contained the relevant data.

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