The “Discoverability” of Leniency Documents and the Proposed Directive on Damages Actions for Antitrust Infringements

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Marc Abenhaim, Kristina Nordlander, Feb 26, 2014

Since the European Commission initiated its first leniency program in 1996, such programs have become increasingly popular throughout the European Union, to the point that “the overwhelming majority of the national competition authorities in the 27 Member States [now] operate some form of leniency programme.”

After almost two decades of success, however, the level of par