Case C- 536/11 Donau Chemie [Archived]
Case C- 536/11 Donau Chemie [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case C- 536/11 Donau Chemie [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 6 June 2013; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline National reference from the Austrian Cartel Court on whether Austrian law, which (in practice) prohibits third party access to leniency documents that have been placed before the national court, is compatible with EU law.

Parties • Verband Druck & Medientechnik, trade association representing interests of undertakings in the Austrian printing sector
• Oberlandesgericht Wien (Austrian Cartel Court)
• Bundeswettbewerbsbehörde (BWB)—the Austrian Federal Competition Authority
• Donau Chemie AG and six others

Market(s) The Austrian market for wholesale distribution of printing chemicals.

Background to reference Following a leniency application in April 2009, the BWB applied to the Cartel Court imposing fines against a number of companies active on the Austrian printing chemicals market for their participation in a cartel.

The Cartel Court ruled in favour of the application on 26 March 2010 and subsequently imposed fines totalling €1,519,000 (upheld by the Supreme Cartel Court on