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

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Abstract

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.
Original languageEnglish
Pages (from-to)116-124
JournalGlobal Competition Litigation Review
Volume4
Issue number3
Publication statusPublished - 2011

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