The EU General Court confirms the Commission’s decision to refuse access to its file in cartel proceedings in the financial sector to a private party seeking damages against the cartelists (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

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Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The EU General Court confirms the Commission’s decision to refuse access to its file in cartel proceedings in the financial sector to a private party seeking damages against the cartelists (Edeka-Handelsgesellschaft), 5 February 2018, e-Competitions Bulletin February 2018, Art. N° 89671

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