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| (43) | Evidence may be requested from the other party or third parties through and under the strict control of the national court. The request must concern specific items or categories of evidence (46). Provided that the national court considers the general principles of proportionality and the protection of legitimate interests, it may even order the disclosure of evidence containing confidential information to the party bearing the burden of proving passing-on effects. For example, this information may include documents or data on revenues, prices or margins. However, when ordering the disclosure of such evidence, it is crucial for the national court to have measures in place to protect the confidential information (47). By way of example, the Damages Directive refers to a few measures, such as the possibility of redacting sensitive passages in documents, conducting hearings in camera, restricting the persons allowed to see the evidence, and instructing experts to produce summaries of the information in an aggregated or otherwise non-confidential form (48). In accordance with national law, national courts may also consider the measures referred to in the Best Practices, such as a data room procedure (49), and in Article 9(2) of the Trade Secrets Directive (50).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.