The Local Court of Bonn denies access to leniency applications for third parties in cartel case (Pfleiderer)

No access to file to leniency applications for third parties in Germany – national follow-on judgment in Pfleiderer* On January 18, 2012, the district court of Bonn ruled on the scope of access to file for third parties in a cartel case under German law. The court rejected the claim insofar as it concerned access to leniency applications. This is a landmark decision. The court upheld the FCO’s practice to refuse access to file to leniency applications and evidence provided by the applicants. In 2008, the FCO had fined decorative paper manufacturers for cartel activities. The manufacturers had cooperated under the FCO’s leniency program, and the case was ultimately settled. Pfleiderer, a decorative paper customer, requested full access to the FCO’s file in order to examine and prepare

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  • Heinz & Zagrosek (Köln)

Quotation

Silke Heinz, The Local Court of Bonn denies access to leniency applications for third parties in cartel case (Pfleiderer), 18 January 2012, e-Competitions Bulletin January 2012, Art. N° 43904

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