Global Investigations Review - The law and practice of international investigations

Leniency trumps damage claims in access to cartel documents, European court says

By Henry Vane

06 March 2014

Leniency trumps damage claims in access to cartel documents, European court says Photo by Stefan64 at Wikimedia Commons.

In a blow to a set of private litigants, the European Court of Justice (ECJ) has ruled there is a “general presumption” that cartel material should remain confidential but says specific documents may be requested and made available at the European Commission’s discretion.