Germany: The Düsseldorf Court of Appeal also refuses to grant access to the files voluntarily submitted by a leniency applicant (V-4 Kart 5 + 6/11 (OWi) ; Kaffeeröster)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After the final judgment of the Bonn District Court in the Pfleiderer case (see Concurrences n° 2-2012pp. 174-176), the question of access to the documents provided to the Bundeskartellamt under the leniency programme seemed to be practically settled. There appeared to be little need for intervention by the German legislature to further protect statements made under the leniency programmes. The draft of an eighth amendment to the German Anti-Restriction of Competition Act (see Concurrences n° 3-2012(p. 232) makes no provision in this regard. However, a recent case before the important Oberlandesgericht (Court of Appeal) in Düsseldorf reminds us of the