On 23 May 2012, the European Commission published the text of an ECN resolution on the protection of leniency material in the context of civil damages actions. The resolution outlines the joint position of all ECN competition authorities on the importance of appropriate protection of leniency material. It is agreed between the authorities that as far as possible under the laws in their respective jurisdictions and without restricting the right to civil damages, leniency materials should be protected and not disclosed to the extent necessary to ensure leniency programmes are effective. Such protection is vital to have effective anti-cartel enforcement and the competition authorities believe it is necessary to reiterate the significance of this protection following the Pfleiderer decision. It is for Member States’ national courts to determine, on the basis of their national law, whether access to the leniency documents should be allowed or refused. Read more.
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Access to leniency documents: European Competition Network resolution on the protection of leniency material in the context of civil damages actions
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