Advocate General Jääskinen of the ECJ puts forward that an absolute level of protection should be afforded by legislative means to the leniency applicants (Donau Chemie)

Why is #competition law so special? Or how #leniency will kill private #damages actions (AG C-536/11)* In his Opinion of 7 February 2013 in case C-536/11 Donau Chemie and Others, Advocate General Jääskinen has developed a line of reasoning that goes well beyond the issue at hand (whether access to judicial documents should be granted to a potential claimant for damages derived from anticompetitive behaviour) and encapsulates the growing risk that an excessive level of protection of leniency applicants will kill (all) potentially significant developments in damages litigation. Indeed, as clearly emphasised by AG Jääskinen, 36. In my opinion it is inarguable that such proceedings [ie damages actions based on infringement of EU competition law] are comparable to either ordinary civil or

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Albert Sánchez Graells, Advocate General Jääskinen of the ECJ puts forward that an absolute level of protection should be afforded by legislative means to the leniency applicants (Donau Chemie), 7 February 2013, e-Competitions Bulletin February 2013, Art. N° 64807

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