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Super Bock wins appeal, while injured person’s rights of access to evidence come out stronger

On 10 March 2023, in an appeal by Super Bock, the Lisbon Appeal Court annulled an order of the Competition Court for the preservation of evidence by the Defendant and its shareholders, including Carlsberg. It gave instructions that this order be readopted. It took the opportunity to clarify the new regime of access to evidence of Law 23/2018 and the importance of combatting information asymmetry and to protect the effectiveness of victims’ right to compensation for anticompetitive practices.