Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Competition Law

Analysis - debate - current awareness

30 JAN 2012

Pfleiderer: leniency documents not disclosed

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.

John Cassels

 

Competition Law Journal

Competition Law Journal

Provides all competition law advisers with a reliable source of analysis on law and practice in...

Available in Competition Law Online

Law of Cartels

Provides practical advice and guidance on dealing with cartel law

More Info from £135.00
Subscribe to our newsletters