Damages Claimants Have To Make Do With EC’s Public Cartel Decision

Don't bank on the Transparency Regulation to give you access to the Commission's confidential cartel files to substantiate your civil damages claims. A ruling by the General Court suggests that access will be rarely granted. Instead, national courts may lend you a hand by asking the Commission to transmit relevant information.

The Netherlands requested access under the Transparency Regulation to the confidential version of the Commission's road bitumen cartel decision. The Netherlands argued it needed this information to further substantiate its civil damages claim against the alleged cartel members. The General Court found that the Commission rightly rejected the request on the basis of Article 4(2) of the Transparency Regulation. The Court also held that a general presumption applies under the Transparency Regulation that disclosure of documents collected in the context of competition investigations will undermine the commercial interests of the companies concerned