The EU General Court refuses access asked by a whistleblower in the European Commission consumer detergent cartel to leniency documents submitted by co cartellists to defend itself in a related national authority case (Henkel)

The pitfalls associated with a co cartellist seeking leniency documents submitted in a European Commission case to defend itself in a related national authority case. In brief Henkel, the whistleblower in the European Commission consumer detergent cartel, has failed in its attempt to use the General Court to force disclosure of the leniency documents submitted by co cartellists so that it can defend itself in separate, but similar national proceedings leniency documents submitted to the European Commission may be disclosed to other national competition authorities on a number of grounds, including with the consent of the leniency applicant, or if the receiving authority agrees not to use them to impose fines however, timing is crucial: once the national competition authority

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  • Simmons & Simmons (London)

Quotation

Tony Woodgate, The EU General Court refuses access asked by a whistleblower in the European Commission consumer detergent cartel to leniency documents submitted by co cartellists to defend itself in a related national authority case (Henkel), 7 March 2013, e-Competitions March 2013, Art. N° 77275

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