The EU Court of Justice holds that EU Member States cannot adopt legislation depriving plaintiffs of all rights to access evidence in a cartel file of an antitrust authority (Donau Chemie)

The European Union’s Court of Justice (CJEU) has handed a victory to cartel damage claimants. In its 6 June Donau Chemie ruling, [1] the CJEU held that EU Member States cannot adopt legislation that deprives plaintiffs of all rights to access evidence in a cartel file of an antitrust authority. The issue was referred to the CJEU in the context of a cartel damage claim filed before an Austrian court. The plaintiff had requested access to the file from the proceedings between the cartel participants and the Austrian Competition Authority, which also contained materials received as part of leniency applications. Austrian law provides that plaintiffs may access such files only with the defendants’ consent; in practice, defendants never consent. In its ruling

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  • Covington & Burling (Brussels)

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Johan Ysewyn, The EU Court of Justice holds that EU Member States cannot adopt legislation depriving plaintiffs of all rights to access evidence in a cartel file of an antitrust authority (Donau Chemie), 6 June 2013, e-Competitions Due Process Research Program, Art. N° 96841

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