The EU Court of Justice rules that EU law does not exempt leniency documents lodged with national competition agencies from requests for disclosure in private actions (Pfleiderer)

On 14 June 2011, the European Court of Justice ("ECJ") ruled that EU law does not exempt leniency documents lodged with national competition agencies ("NCAs") from requests for disclosure in private actions. In a reference for preliminary ruling from a German court, Pfleiderer v Bundeskartellamt, the ECJ ruled that national courts must decide under their national procedure rules under what conditions firms seeking damages from cartelists will be allowed access to any leniency applications the cartelists have filed with the NCAs. National courts must assess case-by-case the relative merits of disclosing or protecting leniency information. Background Council Regulation (EC) No 1/2003 ("Regulation") provides that NCAs and the European Commission ("Commission") may exchange information

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Frances M. Murphy, Francesco Liberatore, The EU Court of Justice rules that EU law does not exempt leniency documents lodged with national competition agencies from requests for disclosure in private actions (Pfleiderer), 14 June 2011, e-Competitions Bulletin June 2011, Art. N° 50111

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