Belgian Supreme Court Confirms Heavy Burden of Proof to Oppose Disclosure of Leniency Documents to Parties Claiming Damages in Follow-On Proceedings.

On 22 March 2018, the Belgian Supreme Court ruled on the conditions for disclosing leniency documents to parties claiming damages in follow-on proceedings. The judgment demonstrates that cartel members opposing the disclosure of leniency documents bear a heavy burden of proof. Although the Damages Directive was not yet applicable in this case, the judgment under scrutiny also provides guidance on how to apply the Directive’s provisions on disclosure of evidence.