Cartel Victims Not Barred From Leniency Docs: EU Court

Law360, New York (June 15, 2011, 1:55 PM EDT) -- The European Union’s highest court ruled Tuesday that EU antitrust law does not prevent cartel victims seeking damages from accessing leniency materials that cartel participants submit to regulators.

The European Court of Justice concluded that it is up to the bloc's 27 members to decide how and whether to grant victims access to leniency applications and evidence that companies submit to competition authorities in order to win reduced penalties.

The decision could make it easier for private litigants, who have long struggled with both limited discovery...
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