Access to Leniency Related Documents after Pfleiderer

18 Pages Posted: 15 Feb 2012 Last revised: 12 Jan 2014

Caroline Cauffman

Maastricht University

Date Written: February 14, 2012

Abstract

On 14 June 2011 the Court of Justice reached its long-awaited decision in Pfleiderer. The Court decided that EU cartel law must be interpreted as not precluding a person who has been adversely affected by an infringement of EU competition law and is seeking to obtain damages from being granted access to documents relating to a leniency procedure involving the perpetrator of that infringement. It is, however, for the courts and tribunals of the Member States, on the basis of their national law, to determine the conditions under which such access must be permitted or refused by weighing the interests protected by European Union law. This contribution analyses the scope of this decision as well as its possible impact on access to leniency related information submitted to the Commission under the EU leniency programme and on disclosure orders by non-EU courts.

Keywords: competition law, private enforcement, access to file, leniency, NCA

JEL Classification: L40

Suggested Citation

Cauffman, Caroline, Access to Leniency Related Documents after Pfleiderer (February 14, 2012). Maastricht Faculty of Law Working Paper No. 2012/3; Final version published as Cauffman, C. (2011). Access to Leniency-Related Documents after Pfleiderer. World Competition, 34(4), 597-615.. Available at SSRN: https://ssrn.com/abstract=2004958 or http://dx.doi.org/10.2139/ssrn.2004958

Caroline Cauffman (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

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