CASE COMMENTS: PROCEDURES – EUROPEAN UNION – LENIENCY – CONFIDENTIAL TREATMENT OF THE INFORMATION PROVIDED – HEARING OFFICER’S MANDATE

Leniency: The Court of Justice of the European Union rules on the limits of the Hearing Officer’s mandate and the expectations which the leniency applicant may legitimately claim with regard to the disclosure of information (Evonik Degussa)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In 2006, the European Commission sanctioned a cartel in the hydrogen peroxide sector. As the applicant was the first to contact the Commission and cooperated fully, it was granted full immunity from fines under the leniency programme. The Commission then intended to publish a non-confidential and more detailed version of its 2006 decision. It therefore asked Evonik to identify in the decision the information for which it intended to request confidential treatment. The company objected to the wider publication on the grounds that the decision contained confidential information and business secrets, including certain leniency information. While the

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Alexandre Lacresse, Leniency: The Court of Justice of the European Union rules on the limits of the Hearing Officer’s mandate and the expectations which the leniency applicant may legitimately claim with regard to the disclosure of information (Evonik Degussa), 14 March 2017, Concurrences N° 3-2017, Art. N° 84577, pp. 130-131

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