Regime de clemência no direito da concorrência europeu

: reflexões quanto ao acesso a documentos em ações de indemnização por infrações ao direito da concorrência

Abstract

The purpose of this dissertation is to reflect on the right of access to documents in damages actions relating to infringements of the competition law provisions, in particular the amendments introduced by Directive 2014/104/EU. In order to make all the issues raised by the new Directive more perceptible, we begin the study by defining PRIVATE ENFORCEMENT and its importance for the realization of European Competition Law. Thereafter, we provide historical analysis of the decisions of the Court of Justice and recommendations of the European Commission on this subject. Finally, we analyze the provisions of Directive 2014/104/EU and its transposition into Portuguese national law, concluding that the Directive is an essential mechanism for systematizing access to documents, allowing the harmonization of the legislation in the Member States. However, it presents certain risks, considering that it can lead to a rush by the Member States to introduce internal rules more attractive to the pursuit of such actions in their territories. We must also note that, in order to avoid such situations, we believe that it’s important to create other ways of settling disputes, to ensure the total compensation of the injured, without threatening PUBLIC ENFORCEMENT.

Date of Award	11 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)