The EU General Court confirms the Commission’s decision in refusing access to its files during a cartel proceeding in the financial sector (Edeka-Handelsgesellschaft)

This judgment arises out of an application by Edeka- Handelsgesellschaft Hessenring mbH (Edeka) for access to the EC’s decision and table of contents of the file in settlement proceedings concerning four banks involved in the Euro Interest Rate Derivatives (EIRD) cartel. The judgment illustrates the strength of the general presumption of confidentiality that theEC can rely on in relation to documents in the file of cartel proceedings under Article 101 TFEU. It also shows that private parties cannot rely upon the public interest exception to obtain access to documents that might assist them in pursuing a claim for damages against cartel participants. In preparation for a possible claim for damages, Edeka requested access to all documents drawn up since 2006 containing information on the