The EU Court of Justice upholds the Commission’s refusal to give damages claimants access to its cartel case files (Energie Baden-Württemberg)

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The EU Transparency Regulation [1] has been afflicted by the law of unintended consequences. It aims to provide a legal framework for the granting of public access to the EU institutions’ documents so that EU decisions “are taken as openly as possible and as closely as possible to the citizen” [2]. However, cartel damages claimants, ever eager to find evidence in support of their claims, have used the Transparency Regulation to try to obtain documents in the EU Commission’s cartel case files, particularly leniency statements. Unsurprisingly, the Commission, fearful that public disclosure of leniency statements and other documents in its case files would deter would-be leniency applicants from coming forward, has been circumspect about the use of the Transparency Regulation for this

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Authors

  • Sullivan & Cromwell (London)
  • Kirkland & Ellis (London)

Quotation

Juan Rodriguez, Michael Engel, The EU Court of Justice upholds the Commission’s refusal to give damages claimants access to its cartel case files (Energie Baden-Württemberg), 27 February 2014, e-Competitions February 2014, Art. N° 64916

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