On 14 June 2011, the European Court of Justice (“ECJ”) handed down a judgment on a reference from a German court regarding third party access to documents provided under a leniency programme. The Court has held that the relevant provisions of Regulation 1/2003 must not be interpreted as precluding a person who has been adversely affected by a breach of EU competition law from being granted access to documents relating to a leniency application by the perpetrator of the breach. It is for the courts and tribunals of member states to determine, on the basis of their national law, whether access to the documents must be permitted or refused by balancing the interests protected by EU law. Read more