Cartel – Access to documents: The General Court annuls the Commission decision denying access to the index to the case file in “HydrogenPeroxide” (CDC HydrogenePeroxide/Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. EU, 15 December 2011, CDC HydrogenPeroxide v Commission, Case T-437/08 Can transparency and clemency go hand in hand? The Court of First Instance seems to think so; by its judgment of 15 December 2011, it annulled the decision by which the Commission refused to transmit to a third party the "table of contents", i.e. the index to the file of the proceedings relating to a cartel case, on the ground that that third party could then use it in the context of liability actions, thereby jeopardising the leniency programme. This case originated with DCC, a company that buys the claims of cartel victims in order to recover them through antitrust litigation.

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