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U.S. Discovery of European Union and U.S. Leniency Applications and Other Confidential Investigatory Materials

Competition Policy International
March 14, 2010

An issue of growing importance in global competition law is the risk that materials produced pursuant to one foreign sovereign’s confidential investigations or proceedings will later be subject to civil discovery in the United States. In many jurisdictions, in particular in the European Union and United States, aggressive cartel enforcement has been significantly aided by programs offering leniency to cartel participants. Key to these programs are promises by antitrust enforcers that potentially incriminating documents or oral statements submitted to them by cartel participants will be protected from disclosure in other jurisdictions or proceedings.

This article originally appeared in The CPI Antitrust Journal.

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