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Access of Damage Claimants to Evidence Arising out of EU Cartel Investigations: A Fast-evolving Scenario

Gianni De Stefano, Global Competition Litigation Review, Issue 3, 2012.

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This article assesses the different routes for damage claimants to seek disclosure of cartel evidence. Next, the article examines how the recent rulings in Pfleiderer, CDC and EnBW have created uncertainty regarding the extent of protection that leniency evidence should receive against disclosure. Finally, the article assesses future initiatives the EU may want to consider to address the problem and argues for the need to protect leniency evidence from being disclosed to damage claimants.

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