Cap. 379 Art. 4Right to full compensation. Cap. 12. Cap. 12. Cap. 12. Cap. 377. Cap. 586. Cap. 50. Cap. 12.

(1)Any natural or legal person who has suffered damage caused by an infringement of competition law shall be entitled to claim and to obtain full compensation for that damage, which action shall be instituted in accordance with the provisions of the Code of Organization and Civil Procedure, or as may be provided in any other special legislation.

(2) For the purposes of these regulations, a person shall be deemed to have suffered damage even where that person is not the immediate customer or provider of the defendant.

(3) Full compensation shall place a person who has suffered harm in the position in which that person would have been had the infringement of competition law not been committed. It shall therefore cover the right to compensation for actual loss and for loss of profit as well as the payment of interest from the time the damage occurred until the capital sum awarded is actually paid:

Provided that full compensation under these regulations shall not lead to over-compensation, whether by means of punitive, multiple or other types of damages.

(2) The court shall have the power, upon request of the claimant, to order the disclosure of relevant evidence by the defendant or a third party, where such evidence lies in their control, in accordance with the provisions of the Code of Organization and Civil Procedure, or as may be provided in any other special legislation, subject to the conditions set out in these regulations. It shall also have the power, upon request of the defendant, to order the claimant or a third party to disclose relevant evidence. This sub-regulation is without prejudice to the rights and obligations of the court under Council Regulation (EC) No. 1206/2001: Provided that the court may, where it so deems appropriate in the circumstances, order the disclosure of specified items of evidence or relevant categories of evidence circumscribed as precisely and as narrowly as possible on the basis of reasonably available facts in the reasoned justification presented by the claimant.

(3) The court shall limit the disclosure of evidence to that which is proportionate. In determining whether any disclosure requested by a party is proportionate, the court shall consider the legitimate interests of all parties and third parties concerned and it shall, in particular, consider:

(a) the extent to which the claim or defence is supported by available facts and evidence justifying the request to disclose evidence;

(b) the scope and cost of disclosure, especially for any third parties concerned, including preventing non-specific searches for information which is unlikely to be of relevance for the parties in the procedure;

(c) whether the evidence the disclosure of which is sought contains confidential information, especially concerning any third parties, and what arrangements are in place for protecting such confidential information.

(4) The court shall have the power to order the disclosure of evidence containing confidential information where it considers it relevant to the action for damages. When ordering the disclosure of such information the court shall adopt any effective measures, pursuant to the provisions of the Code of Organization and Civil Procedure, or to the provisions of any other special legislation, which it deems necessary or appropriate in the circumstances to protect such information in accordance with the applicable legislation: Provided that this sub-regulation shall be without prejudice to the applicability of the duty of professional secrecy pursuant to the provisions of the Professional Secrecy Act, the Data Protection

Act, the Official Secrets Act and any other professional secret as classified under the law of any Member State or of the European

(6) Prior to ordering the disclosure of any evidence the court shall give that person the opportunity to present any submissions or objections concerning such disclosure.

(7) Without prejudice to sub-regulations (4) and (6) and to regulation 6, this regulation shall not prejudice the applicability of any provision of the Code of Organization and Civil Procedure, or of any other applicable legislation, which would lead to wider disclosure of evidence.