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Part II Elements of Private Enforcement Systems, 10 Rules of Evidence

From: The Private Enforcement of Competition Law (1st Edition)

Pedro Caro de Sousa

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 July 2024

Burden and standard of proof — Private actions — Evidence — State and competition law

This chapter provides an overview of the rules of evidence. The main pillars of evidentiary rules are the idea of the burden of proof and the standard of proof, which ultimately refer to the amount and quality of evidence that the law requires for a party to prove an allegation. The chapter then discusses disclosure, a procedural mechanism through which a party to a legal dispute or a third party is forced to reveal relevant information to the other party in a case. While broader forms of disclosure are well-known in common law jurisdictions, they are of increasing relevance also in civil law jurisdictions particularly as concerns competition law disputes in order to address information imbalances between claimants and defendants. The chapter also looks into the importance of expert evidence in competition law cases and discusses the possibility of claimants gaining access to the public competition enforcement file.

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