I. Introduction The main pursuit of this article is to analyse the judgment of CJEU by comparing it to the conclusions provided by AG Jääskinen on the 7 February 2013. The facts have been described previously in my article from e-Competitions N°51003 [1]. The Austrian Consent Rule as enshrined by Paragraph 39(2) of the KartG states that 'persons, who are not parties to the procedure, may gain access to the files of the Cartel Court only with the consent of the parties'. The Green Paper on Damages for competition law infringements emphasized the role of the private enforcement. The antitrust rules in Articles [101 and 102 TFEU] are enforced both by public and private enforcement. Both forms are part of a common enforcement system and serve the same aims: to deter anti-competitive
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The EU Court of Justice rules that the principle of effectiveness precludes a provision of national law under which the access to leniency documents is obstructed with no place left for a proportionality test (Donau Chemie)
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