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The Administrative Court in Bonn (the German Court which referred to the ECJ questions about disclosure of documents to damages claimants) has ruled against disclosing leniency documents to damages claimants.
The German ruling is the first application of the ECJ’s Pfleiderer decision of June 2011 that EU competition law must be interpreted so as not to prevent a party seeking damages from gaining access to documents submitted by leniency applicants. However, it was for national courts to decide the conditions on which access should be permitted or denied on a case-by-case basis, weighing up “relevant factors” in each case.
The High Court in London will shortly rule on the application of Pfleiderer in follow-on proceedings brought by National Grid against the gas insulated switchgear cartelists.