59To attain the objective set out in paragraph 55 above presupposed the implementation of tools capable of remedying the information asymmetry between the parties to the dispute since, by definition, the infringer knows what it has done and or has been accused of doing, if anything, and knows what evidence may have been used in such a case by the Commission or the national competition authority concerned to demonstrate its participation in anticompetitive conduct contrary to Articles 101 and 102 TFEU, whereas the victim of the damage caused by that behaviour does not have such evidence.
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