Leniency Applications Protected: German Court Denies Private Plaintiffs Access to File

Originally published February 1, 2012

Keywords: leniency application, cartel, EU, price fixing, Federal Cartel Office

Recently, a decision of the Local Court of Bonn, Germany, became public denying a company seeking redress from cartelists access to a leniency application and documentary evidence submitted in the context of a cartel proceeding.¹ Following a period of uncertainty, this is the first time – as far as we can see – that a national court in the EU has taken a clear stand on this sensitive issue.

Background

In 2008, the German Federal Cartel Office imposed fines on three manufacturers of decor paper for price fixing and agreements on capacity shutdowns. The company Pfleiderer, a customer of these companies, had requested full access to the cartel file to enable it to prepare an action for damages. In line with its national Leniency Notice, the Federal Cartel Office refused the request as far as the leniency applications were concerned. Pfleiderer