The General Court has sided with EnBW Energie Baden-Wuerttemberg AG in its battle for documents related to a European Commission cartel investigation. The Court annuled the Commission’s decision to refuse access to the documents, rejecting the Commission’s argument that “the concept of ‘investigations’ cannot be limited, in the sphere of cartels, to the proceedings leading up to a decision prohibiting the cartel but must be regarded as an integral part of the Commission’s regular, ongoing task of enforcing EU competition law.” The Court found this interpretation to be too broad.
EnBW was the victim of a gas-insulated switchgear price-fixing cartel. The ten companies involved in the cartel were fined by the Commission in 2007. In the same year, EnBW sought access to the documents related to the proceedings, including the formal complaint and documents seized from the company offices, to prepare for its lawsuits against the companies for damages. The Commission resisted EnBW’s efforts, citing its need to protect immunity and leniency programs for whistle-blowers, as well as its own internal documents.
Full content: General Court judgment
Related content: A Joke: A Leniency Program Cartoon
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
UK Probes Lindab’s Acquisition of HAS-Vent Amid Fears of Market Monopoly
Apr 28, 2024 by
CPI
Shein Faces EU Regulations Over User Data
Apr 28, 2024 by
CPI
Google Fights Back Against US Antitrust Lawsuit
Apr 28, 2024 by
CPI
US Homeland Security Establishes Blue-Ribbon Board with Tech CEOs to Advise on AI
Apr 28, 2024 by
CPI
FTC Accuses Amazon Executives of Using Disappearing Messaging Apps to Conceal Evidence
Apr 28, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI