The “Discoverability” of Leniency Documents and the Proposed Directive on Damages Actions for Antitrust Infringements
Since the European Commission initiated its first leniency program in 1996, such programs have become increasingly popular throughout the European Union, to the point that “the overwhelming majority of the national competition authorities in the 27 Member States [now] operate some form of leniency programme.”
After almost two decades of success, however, the level of participation seems to have slightly decreased. While a variety of factors may explain this trend, the most worrying one perhaps relates to the increased disclosure risks associated with private damages litigation.
This article was originally published in the February 2014 issue of CPI Antitrust Chronicle.