Dr Lena Hornkohl publishes doctoral thesis

2 December 2021

The Max Planck Institute Luxembourg for Procedural Law is proud to announce that the book, Geschäftsgeheimnisschutz im Kartellschadensersatzprozess (Protection of Confidential Information in Private Enforcement of European Competition Law) has been published by Mohr Siebeck. It is authored by Dr. Lena Hornkohl, Senior Research Fellow of the Department of European and Comparative Procedural Law at the Max Planck Institute Luxembourg for Procedural Law.

The book, based on Lena Hornkohl’s doctoral dissertation, analyses the tension between information asymmetry and the protection of confidential information in the private enforcement of European competition law. The book takes a systematic and dogmatic approach towards the specific problem arising in cartel damages actions - that the person carrying the burden of proof for the cartel damage is not in possession of the relevant information, which often contains confidential information. Lena Hornkohl examines the new disclosure rules proposed by the Cartel Damages Directive (Directive 2014/104/EU). She explores the German implementing law and develops a new system for the protection of confidential information. Her analysis is based on both constitutional and European laws as well as on principles of civil procedure.

The results of the study are relevant from both a theoretical and a practical perspective. Dr. Hornkohl’s reflections may also be applied in the context of the ongoing general expansion of duties of disclosure in the European law of civil procedure.

More information about the book can be found HERE.


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