The EU Court of Justice acknowledges the need to weigh the different interests at stake when granting access to documents containing leniency applications in the context of civil claims for damages, in line with US courts (Pfleiderer)

The European Court of Justice has issued a Judgement (Decision of 14 June 2011, Pfleiderer, Case C-360/09) on a preliminary ruling from a national court, on a key matter regarding antitrust damages claims. The situation encountered by the national court, in essence, referred to a petition by a party harmed by a cartel (in the context of a damages claim) to have access to the leniency application that one of the members of the cartel filed with the German Competition Authority. The Court of Justice briefly discusses the issue and the interests at stake, i.e., the right of the harmed party to claim damages versus the public interest of guaranteeing an efficient leniency system as a tool to fight cartels (which may be negatively affected with potential leniency applicants being

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  • Callol, Coca & Asociados (Madrid)

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Pedro Callol, The EU Court of Justice acknowledges the need to weigh the different interests at stake when granting access to documents containing leniency applications in the context of civil claims for damages, in line with US courts (Pfleiderer), 14 June 2011, e-Competitions Bulletin June 2011, Art. N° 36988

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