Leniency Docs May Not Get Blanket Shield: EU Court Adviser

Law360, New York (October 4, 2013, 8:26 PM EDT) -- The European Commission shouldn't be able to refuse to disclose leniency materials from its gas switchgear cartel to a would-be private plaintiff without closely reviewing the documents at issue, an adviser to the European Union's highest court said Thursday.

The European Court of Justice is weighing the EC's appeal of a General Court ruling that the watchdog improperly rejected a request from EnBW Energie Baden-Wurttemberg AG for documents from the probe without doing a full review.

The case is one of several tackling the question of...
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