Jens Steger in Corporate Compliance Magazine (CCZ) on the Possibility of Access to Leniency Files

Associate Jens Steger summarized the latest developments in German antitrust court proceedings in an article for Corporate Compliance Magazine (CCZ). He discussed the decision of the Higher Regional Court of Hamm from November 26, 2013, 1 VAs 116/13 – 120/13 and 122/13, in which the court took the first step towards making it possible to access leniency files related to follow-on actions against cartel members. While one cannot rely on the confidentiality promises of the German Federal Cartel Office (Bundeskartellamt), companies should consider these developments carefully, as they indicate a growing possibility that plaintiffs may be able to file successful legal claims against (former) cartel members.