This is an Insight article, written by a selected contributor as part of GCR’s co-published content. Read more on Insight

Sweden’s conservative approach to disclosure in competition damages litigation, shaped by the transposition of the EU Damages Directive into national law, has created significant hurdles for claimants seeking evidence from defendants. Despite the Directive’s minimum disclosure standards, Swedish courts have often applied strict relevance and proportionality tests, limiting access to crucial documents, thereby constraining private enforcement and potentially driving claimants to litigate abroad. Emerging EU case law and comparative insights from jurisdictions like the UK and Norway suggest a growing need for Sweden to reconsider its disclosure regime to better balance claimant rights and foster effective competition law enforcement.

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