Access to confidential information regarding cartels within the Eu context - the management of information related to leniency

On 14th March 2017, with the Evonik Case, the European Court of Justice refused a cartel member's safeguard to whom the European Commission had conceded protection in exchange for information (the Leniency Program). Never before the Commission had been able to publish cartel’s documents without protecting its information's source (the Whistleblower). This verdict shall allow cartels' Victims to access more information needed to obtain compensation for damages, but may jeopardize Commission's Leniency Program. The purpose of this paper is to analyze how undertakings and European Authorities should manage the access to confidential information regarding cartels from this point onwards.