Leniency procedure - Access to file: The Court of Cassation confirms its case law on access to file in the context of the leniency procedure (Distribution of pharmaceutical products)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It will be recalled that the Court of Cassation, in its ruling on the commitments of the GIE les Indépendants, established the principle that, in the context of the commitments procedure, the parties have a right of access to the entire file, subject only to the documents falling under the protection of business secrecy (see C. on this point). Lemaire, ConcurrencesNo. 1-2009, p. 189 sq.). However, the Court had tempered the consequences of this full right of access by stating that it was for the Court of Appeal to ascertain whether the failure to disclose the documents had prejudiced the interests of the party in question and, if