A German Regional Court approves seizure by Federal Cartel Office of audit documents prepared by external counsel

By decision of 21 June 2012, the Regional Court of Bonn (“the Court”) upheld a decision by the Local Court of Bonn approving the seizure by the German Federal Cartel Office (“FCO”) of internal audit documents that had been prepared by external counsel at the premises of the appellant. The appellant, a distributor of mattresses and slatted frames, is a German subsidiary of a European company (“the parent company”) active in the production and distribution of polyurethane foam, a commodity used in the production of mattresses. The European Commission investigated alleged horizontal anti- competitive activities in the European polyurethane foam sector and issued in July 2010 a search warrant against a UK affiliate of the appellant. Both the appellant and its UK affiliate pertain to the same

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  • Van Bael & Bellis (Brussels)

Quotation

Martin Favart, A German Regional Court approves seizure by Federal Cartel Office of audit documents prepared by external counsel, 21 June 2012, e-Competitions Bulletin June 2012, Art. N° 58247

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