Access to file in Leniency cases

Access to file in Leniency cases

In cartel cases, in addition to the CD-ROM/DVD, access to corporate statements (and immunity/leniency decisions and their notification) made orally by leniency applicants is only given at DG Competition's premises, normally on a single occasion. Any corporate statement as well as any pre-existing document or other annex to the leniency and the immunity application are part of the file.

More about Access to file in Leniency cases

Neither the addressees of the SO nor their lawyers are allowed to make any copy by mechanical or electronic means of oral corporate statements, but they can take notes or dictate them. 1

More about the Subject

By nature, oral corporate statements should not contain any business secrets or other confidential information that cannot be disclosed, because they should contain only relevant information pertaining to the cartel conduct.

Resources

See Also

References

• Information about Access to file in Leniency cases in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] See Commission notice on Immunity from fines and reduction of fines in cartel cases (OJ C 298, 8.12.2006, p. 17), para. 7, 31-35.

Further Reading

• Information about Access to file in Leniency cases in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)