*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The issue of access to the files of competition authorities has been the subject of attention for almost twenty years, but it has long been discussed in the context of administrative proceedings before the authorities alone and, consequently, essentially from the point of view of the companies being prosecuted, access to the file being one of the manifestations of the rights of defence. In European Union law, the principles gradually identified by the Court of Justice [1]were enshrined in the modernisation process in Regulation No 1/2003 [2] and implementing Regulation No 773/2004 [3] and were further developed by the Commission in the 2005
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ARTICLES : ACCESS TO THE FILE - PRIVATE ENFORCEMENT - STATE-OF-PLAY
Access to the Competition Authorities’ file within private actions’ framework : Inventory two years after the Pfleiderer Judgment
The need to ensure consistency between public enforcement and private enforcement of antitrust law is of particular interest within the European Competition Network. The possibility of using the files of Competition Authorities in follow-on damages actions is presently a key issue in this respect. The purpose of this article is to present a state-of-play on the matter, in light of the recent European and national case-law, including the judgment of the European Court of Justice in the Donau Chemie case, as well as of the draft directive on damages actions published by the European Commission in June 2013.
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