The German Federal Constitutional Court regards the disclosure of leniency applicants’ documents as not violating fundamental constitutional rights in the cartel damages proceedings (Aufzugskartell)

I. The Facts Following the European Commission’s decision to impose fines against a group of lift and escalator manufacturers for violating EU antitrust rules in February 2007 (COMP/38.823), several building contractors initiated civil damages claims before the Regional Court of Berlin at the end of 2010. The defendants to these follow-on damages claims were leniency applicants in the underlying cartel investigations. Under their duty to cooperate, they provided the European Commission with far-reaching concessions which included business and commercial secrets. The leniency applications and a copy of the confidential version of the EU Commission’s penalty notice formed part of the file in the criminal investigation undertaken by the Public Prosecution Office of Düsseldorf. In the

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Christian Ritz, The German Federal Constitutional Court regards the disclosure of leniency applicants’ documents as not violating fundamental constitutional rights in the cartel damages proceedings (Aufzugskartell), 6 March 2014, e-Competitions Bulletin Economic assessment of damages, Art. N° 68799

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