Emerson and others, have brought a private action for damages before the Competition Appeal Tribunal (CAT) against Morgan Crucible plc (MC) for loss suffered as a result of MC’s participation in the carbon and graphide products cartel. The CAT had previously allowed disclosure of the documents that MC, the leniency applicant in the cartel, had submitted to the European Commission for the purpose of the cartel investigation and subsequent infringement decision. On 24 January 2008, the CAT published an order that the documents disclosed could only be used for the purposes of the proceedings, except where: the document has been read to or by the CAT, or referred to in the CAT’s proceedings; or with the permission of the CAT; or with the permission of the party who disclosed the document and the party who owns the document.
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CAT’s ruling on disclosure of Morgan Crucible’s leniency application
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