The procedural implication of Pfleiderer for the private enforcement of European Union competition law in follow-up actions for damages

Examines the implications for private competition law enforcement of the European Court of Justice decision in Pfleiderer AG v Bundeskartellamt (C-360/09) on whether, by virtue of Regulation 1/2003 arts 11 and 12 and the Treaty on the Functioning of the European Union art.4(3), claimants in follow-on damages claims against cartelists should be denied access to information voluntarily submitted by leniency applicants, or whether decisions on such access were a matter for national competition policy. Speculates on the possibility that national regimes will converge on this issue.