Legal News

Price-fixing—leniency documents and victims' rights

Published on: 13 June 2013

Table of contents

  • Original news
  • What are the issues? Why was the case referred to the CJEU for a preliminary ruling by the Austrian Cartel Court?
  • Has the CJEU judgment followed the February 2013 Opinion of Advocate General Jaaskinen, or has it departed in any significant/material way?
  • Can and should competition law be distinguished from other civil and criminal proceedings?
  • Can the judgment be reconciled with the recent judgment in Pfleiderer—in particular, is there any suggestion here that Pfleiderer was incorrect/inprecise?
  • What are the implications of the judgment? Will it undermine the development of private enforcement in Europe?

Article summary

Competition analysis: What rights do victims of price-fixing cartels have in pursuing follow-on damages? Graeme Young, partner and head of EU & Competition at Dundas & Wilson LLP, advises that the judgment in Donau Chemie places a heavy onus on authorities seeking to refuse claimants access to leniency documents, but its impact must be considered in the light of the European Commission's recently published draft Directive on collective actions.

Popular documents