PRACTICE: LENIENCY - PROTECTION OF DOCUMENTS

Towards a more coherent protection of leniency documents?

Three years after Pfleiderer, the Directive on antitrust claim for damages approved by the Parliament last April, soon to be voted by the Council, introduces new rules on access to leniency documents. To facilitate an understanding of the implications of these provisions and anticipate their implementation into French law, this survey presents the relevant legislation and case law applicable at the national and EU levels. It then outlines the benefits and limits of the Directive for protecting leniency documents.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Since the Courage v. Crehan [1]judgment, actions for compensation for damage caused by an infringement of the competition rules have been developing in Europe. However, ten years later, the European Commission ("the Commission") stresses the ineffectiveness of these actions due to legal and procedural [2]obstacles. Among them, the issue of access to evidence is of central interest. Without evidence to support their claim, victims of anti-competitive practices cannot have their rights recognised before a judge and obtain compensation for the damage suffered. Where a claim for compensation is follow-on (following a decision by a competition authority),

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Authors

  • White & Case (Paris)
  • Herbert Smith Freehills (London)

Quotation

Estelle Jegou, Clémence Barraud, Towards a more coherent protection of leniency documents?, December 2014, Concurrences N° 4-2014, Art. N° 68898, www.concurrences.com

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