EU Advocate General Considers Austrian Law Precluding Third Party Access To Cartel Documents "Disproportionate"

On 7 February 2013, EU Advocate General Jääskinen ("AG Jääskinen") issued his Opinion on two questions referred to the Court of Justice of the European Union ("ECJ") for a preliminary ruling by the Austrian Cartel Court, concerning third party applicant access to cartel documents kept by the Austrian Cartel Court for the purposes of private enforcement claims.

In March 2010, the Austrian Cartel Court, in proceedings brought by the Federal Competition Authority based on leniency applications, had fined several undertakings in the market for the wholesale distribution of printing chemicals for their participation in an illegal cartel, contrary to Article 101 TFEU. This decision was confirmed by the Austrian Supreme Court in October 2010. Verband Druck & Medientechnik ("VD&M"), an association representing the interests of undertakings in the printing sector, subsequently sought to obtain access to the cartel documents, on the grounds that it had a legitimate interest