Access to Leniency Documents—Another Piece in the Puzzle Regarding Public and Private Antitrust Enforcement? (Germany)

Posted by D. Daniel Sokol

Dr. Thorsten Mager (Hengeller Mueller), Dr Daniel J. Zimmer and Sarah Milde ask Access to Leniency Documents—Another Piece in the Puzzle Regarding Public and Private Antitrust Enforcement? (Germany)

ABSTRACT: Cartel victims may not be granted access to leniency documents stemming from antitrust prosecution by the Federal Cartel Office (Bundeskartellamt). In the case at issue, the request had been made during an appeal against the fining decision. For the Court, the leniency applicant's reliance on the confidentiality of its cooperation outweighed the cartel victims' interest in disclosure which is generally satisfied by access to the (redacted) fining decision.