The protection of leniency documents in the context of damages actions for breach of competition rules in the European Union

Main Article Content

Mariana Conceição Tavares

Abstract

The leniency programs have been responsible for the dynamism in combating and punishing cartels. Actions for damages are part of the effectiveness of the prohibition of infringement of the competition rules. They allow those who have suffered harm derived from this breach to be reimbursed. However, the development of actions for damages has raised challenges in terms of access to documents of leniency file, which, if not solved, can have a negative impact on leniency programs and consequently on the ability of the competition authorities in the detection and punishment of cartels. This article discusses how the issues of access to leniency documents by the damage claimants are being addressed within the European Union.

Article Details

Section
Controle de condutas