13 November, 2011

Pfleiderer II? - New GWB may prohibit private access to leniency applications

The overhaul of the German GWB (Law against Restriction of Competition) may also react to the CJEU's recent judgement in Pfleiderer. The draft proposes a new section that would prohibit the access to leniency applications of the German Competition Authority. The reason for this is that the effectiveness of the leniency programme may be endangered if these files may later be opened for private parties, who the bring actions for damages against parties to a cartel.
If such a solution proves to be effective remains to be seen. Also, is there a Pfleiderer II case at the horizon for the CJEU?

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