CJ Rules On Third Party Access To Leniency Documents

The Court of Justice of the European Union ('CJ') has handed down a key judgment in relation to third party access to leniency documents following a reference for a preliminary ruling from the Bonn Local Court.  In essence, the CJ has ruled that it is for national courts to determine, on the basis of national law, whether access to information provided as part of a leniency application should be permitted or refused.

Pfleiderer AG, a purchaser of decor paper, had sought full access to the German competition authority's file in relation to a decor paper cartel in order to prepare for a civil damages action. This included a request for documents which had been voluntarily submitted under a leniency application. The Bundeskartellamt denied full access resulting in a challenge by Pfleiderer in the local courts.  The local court stayed the application pending a preliminary ruling from the CJ.