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)

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

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Mircea & Partners (Bucharest)

Quotation

Emanuela Matei, 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), 6 June 2013, e-Competitions Bulletin June 2013, Art. N° 52707

Visites 459

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues