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The Pfleiderer case (C-360/09)

  • Briefing
  • Disclosure of documents concerning national leniency applications in national antitrust damages litigation

, 13 July 2011
Language:

Event number:
211F05

Areas of law:

Antitrust Law

Venue:
The Law Societies Joint Brussels Office, Avenue des Nerviens 85
5th floor, 1040 Brussels

Timing:
12:30-14:30


On 14 June 2011, the Court of Justice of the European Union delivered its much-awaited ruling in the Pfleiderer case (C-360/09) on the disclosure of documents concerning national leniency applications in national antitrust damages litigation.

The Court held that the interest of preserving the effectiveness of leniency programmes and that of facilitating private antitrust damages actions need to be balanced by the national courts on a case-by case basis. However, it does not provide national courts with concrete guidelines, but instead merely refers to the general principles of equivalence and effectiveness. The Pfleiderer ruling will lead national courts to explore new territory and is likely to raise new questions worthy of clarification in a further reference to the Court of Justice.

The aim of this briefing is to assess the effect of the ruling on relevant national legislation, its compatibility with the effective exercise of the right to compensation, and its possible application to the disclosure of leniency documents submitted to the European Commission.


Speakers:

Eddy De Smijter, Private enforcement unit of the DG Competition, European Commission, Brussels
Thomas Graf, Partner, Cleary Gottlieb Steen & Hamilton, Brussels
Jon Lawrence, Partner, Freshfields Bruckhaus Deringer, London

Moderator: Dr Michele Messina, Course Director Business Law, Academy of European Law, Trier

Registration fee (including documentation and refreshments)

Standard: € 50
EU officials and members of the 'Friends of ERA' association: € 0






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