The Right of Access to the File of the European Commission and National Competition Authorities: How to Gain Information in Competition Cases

The presentation explains the EU law provisions and the jurisprudence of the European Court of Justice regarding access to documents in competition cases. It also explains the relationship between the provisions of Regulation No 1049/2001 regarding public access to European Parliament, Council and Commission documents and the provisions of the documents which exclusively concern the proceedings relating to competition law infringements.

Yves Van Gerven

Information

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This version requires you to view the full e-presentation and to take a short quiz at the end. A certificate can then be issued entitling you to CPD points in selected jurisdictions.

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Question 1 of 4

Question 1: According to the Commission Notice on Immunity from fines and reduction of fines in cartel cases companies under investigation may be granted access to the corporate statements of leniency applicants provided that:

they commit not to make any copy by mechanical or electronic means of any information in such a corporate statement and to ensure that the information contained therein will only be used for the purposes of judicial or administrative proceedings for the application of EU competition rules at issue in the related administrative proceedings.

they commit not to further disclose such a statement and to ensure that the information contained therein will only be used for the purposes of judicial or administrative proceedings for the application of EU competition rules at issue in the related administrative proceedings.

they commit to ensure that, until the moment when Commission will have adopted a prohibition decision in the given proceedings, the information contained therein will only be used for the purposes of judicial or administrative proceedings for the application of EU competition rules at issue in the related administrative proceedings.

Question 2 of 4

Question 2: Request for third party status in the proceedings before the Commission is assessed by the Hearing Officer taking into consideration in particular:

the participation of the applicant in the behavior under investigation.

the contribution the party has made or is likely to make to establish the truth and relevance of the facts and circumstances pertinent to the proceedings, as opposed to an exclusively private interest, which would normally not be considered as sufficient.

essential financial interest of the entity requesting third party status.

Question 3 of 4

**Question 3: As the General Court considered in Case T‑286/09, Intel, at the request of company under investigation, the Commission:**

is not obliged to obtain any documents even if this company is unable to obtain them itself.

is obliged to obtain any document which is in possession of a third party when the company is unable to obtain it itself.

in exceptional circumstances may be obliged to obtain certain documents.

Question 4 of 4

Question 4: The possibility of a national court to order disclosure of evidence in proceedings relating to an action for damages resulting from competition law infringements is provided for in:

the Treaty on the Functioning of the European Union.

Directive 2014/104/EU of 26 November 2014 governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union.

Regulation No 1049/2001of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.