Jens Steger Discusses Possibility of Access to Leniency Files in JUVE’s “Effective Insights”
German legal magazine JUVE interviewed Associate Jens Steger on the latest developments in German antitrust follow-on actions. With a focus on the latest 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, Steger explained the general possibilities available to claimants to prove their alleged damages in civil court proceedings. 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. The article was published in the printed version of JUVE(4/2014) and is also available online here.