Unforeseen Risks of Disclosure in Leniency Programs

When prosecuting cartel infringements, the European Commission (the “Commission”) most often builds its case on the basis of corporate leniency applications and documents. When the case reaches maturity and results in administrative fines being imposed on the companies implicated in the cartel, it then encourages affected consumers and customers to file-on civil claims against the same companies in national courts. Civil claims are viewed as furthering the