CASE COMMENTS : PROCEDURE – ACTIONS FOR DAMAGES – ACCESS TO THE FILE – LENIENCY

Actions for damages: The Court of Justice widely grants the right for victims of antitrust practices to access evidences gathered in a leniency procedure (Donau Chemie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Actions for damages brought by natural or legal persons who are victims of a cartel ("private enforcement") is often a path fraught with pitfalls. If the existence of fault on the part of the perpetrators of the practice is established by the sole decision of the competition authority sanctioning the cartel. Proof of the other two conditions, the existence of the harm and, above all, the causal link between the harm and the fault, may prove more difficult to prove. Hence the interest for the victims of the practice, when necessary, to have access to the documents in the file compiled by the competition authority. While, depending on the circumstances, the

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Alexandre Lacresse, Actions for damages: The Court of Justice widely grants the right for victims of antitrust practices to access evidences gathered in a leniency procedure (Donau Chemie), 6 June 2013, Concurrences N° 3-2013, Art. N° 53838, p. 140

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