CJEU Clarifies The Standard For Accessing Evidence In Competition Damages Cases

In Short

The Situation: On 29 January 2026, the Court of Justice of the European Union ("CJEU") delivered a ruling in Case C-286/24 (Meliá Hotels International, S.A. v Associação Ius Omnibus) addressing the standard for evidence disclosure in private competition damages actions under the Damages Directive.

The Result: The CJEU ruled that pre-action disclosure is permitted under the Damages Directive, that the plausibility threshold for obtaining evidence requires only a "reasonably acceptable" assumption of liability and that European Commission ("Commission") decisions on vertical restrictions do not alone suffice to demonstrate harm and causation.

Looking Ahead: The ruling has direct implications across the EU, particularly in Member States that allow pre-action disclosure, and will shape how national courts calibrate the balance between facilitating damages claims and preventing fishing expeditions.