CASE COMMENTS : PROCEDURES – ANTICOMPETITIVE PRACTICES – TRANSPARENCY – ACCESS TO FILE – REG. 1049/2001 – HEAVY INDUSTRY

Access to file – Reg. 1049/2001: The General Court annuls the Commission decision denying access to the file to a victim of the Switchgear cartel (EnBW Energie Baden-Württemberg)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. EU, 22 May 2012, EnBW Energie Baden-Württemberg v Commission, Case T-344/08 The EnBW ruling may have briefly delighted the proponents of transparency in competition matters before plunging them into nostalgia. The Court of First Instance annulled the refusal to disclose to a cartel victim the documents in the file of the infringement proceedings under Article 101 TFEU. About a month later, the Court's judgements in C-404/10 P, Commission v Odile Jacob and C-477/10 P, Commission v Agrofert, were handed down.However, the sustainability of this result is likely to be jeopardized. EnBW is a German company and a major consumer of gas-insulated switchgear

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Access to file – Reg. 1049/2001: The General Court annuls the Commission decision denying access to the file to a victim of the Switchgear cartel (EnBW Energie Baden-Württemberg), 22 May 2012, Concurrences N° 3-2012, Art. N° 48452, pp. 188-190

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