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- Title
Commission v EnBW Energie: Non-Disclosure of Leniency Documents.
- Authors
Lebrun, Bruno; Bersou, Laure
- Abstract
The European Commission may reject the request by a plaintiff in a national follow-on proceeding to access the documents discovered in the context of an EU cartel proceeding.The Court of Justice decided that the European Commission may reject the request by a plaintiff in a national follow-on proceeding to access the documents discovered in the context of an EU cartel proceeding. For the Court of the Justice, there is a general presumption that such an access may jeopardize the interests protected by the regulations implementing the EU antitrust rules. This judgment limits the access to DG COMP's documents defined under CDC v Commission (T-437/08, CDC v Commission, 15 December 2011) and may introduce another standard compared with the test defined under Pfleiderer to access documents detained by national competition authorities (C-360/09, Pfleiderer, 14 June 2011). In these cases, the Court of Justice decided that a plaintiff in a follow-on action could, under the supervision of the national court in charge of the case, access the documents of a national competition authority, including those submitted under the leniency proceeding, if they are necessary to demonstrate the fault and the scope of the damage suffered.
- Subjects
EUROPEAN Union countries; COURT of Justice of the European Union; EUROPEAN Commission; ENBW Energie Baden-Wurttemberg AG; CARTELS; LEGAL documents; ACTIONS &; defenses (Law)
- Publication
Journal of European Competition Law & Practice, 2014, Vol 5, Issue 7, p462
- ISSN
2041-7764
- Publication type
Article
- DOI
10.1093/jeclap/lpu055