Monday, July 20, 2015
Florian Neumayr and Sarah Baumgartner, both bpv Hugel Rechtsanwalte OG, discuss Access to File for Damage Claimants in Competition Law Cases (Austria).
ABSTRACT: Under European competition law, claiming for damages after an infringement of competition rules must not be made practically impossible or be unnecessarily hampered. In that regard, the Austrian Supreme Court has made it clear that third parties must have the possibility to access the file relating to (fine) proceedings on competition law infringements. To access the file, the criteria to fulfil cannot impose an excessive burden on those seeking redress. If they refuse their consent to access, the parties involved in the fine proceedings are to give substantiated reasons.