CASE COMMENTS : PROCEDURES – LENIENCY – ACCESS TO DOCUMENTS HELD BY NATIONAL COMPETITION AUTHORITIES

Leniency: The Court of Justice refers back to national courts the decision to disclose documents provided to national competition authorities by leniency applicants (Pfleiderer)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 14 June 2011, Pfleiderer, aff. C-360/09 In a recent judgment of the Grand Chamber, the Court of Justice of the European Union (ECJ) clarifies the guiding principles to be applied by national courts in deciding on a case-by-case basis on the issue of access to documents obtained by National Competition Authorities (NCAs) in leniency proceedings. It is a fact that the leniency procedure may allow the applicant(s) to benefit, depending on the time of application and the quality of the information reported, from a total exemption from or reduction of the fine. However, at the end of the procedure, when an NCA finds that the facts complained of are

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Alexandre Lacresse, Leniency: The Court of Justice refers back to national courts the decision to disclose documents provided to national competition authorities by leniency applicants (Pfleiderer), 14 June 2011, Concurrences N° 3-2011, Art. N° 38078, pp. 177-178

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