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directive 2014/104/EU contains detailed provisions related to the disclosure of evidence in actions for damages before national courts that seek to strike a balance between a claimant’s right to access evidence in support of its private damages claim and the protection of leniency programmes, which are some of the main tools of public antitrust enforcement. articles 5 to 8 of the directive create a “microsystem” of the law of the evidences, which is highly specialised and based on the central role of the judge and on the principle that private enforcement must not compromise public

The Disclosure of Leniency Statements and Other Evidence under Directive 2014/104/EU: An Undue Prominence of Public Enforcement?