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Cartel leniency documents can be shared with criminal enforcers under certain conditions, EU court opinion suggests

( October 24, 2024, 07:30 GMT | Official Statement) -- MLex Summary: Criminal enforcers may access sensitive whistleblower documents emanating from antitrust proceedings, a legal opinion for the bloc's top court suggested today. Advocate General Maciej Szpunar, in his non-binding opinion, said that EU laws on competition didn't address such transmission, so documents could be shared — as long as they’re protected from disclosure to other litigants. Today's guidance comes in response to questions referred from the Vienna Higher Regional Court as part of a dispute between construction business Strabag and the domestic competition authority. The Austrian court inquired about how EU law protects cartel leniency documents.The AG opinion in case C-2/23 is attached (in French). ...

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