Informationsherrschaft im Kartellrecht

Cartel victims could play a significant role in deterring companies from participating in anticompetitive practices. However, without them having access to documents that are in the possession of the antitrust authorities, their damage claims can rarely be substantiated. In recent rulings (such as the recognition of a general presumption of confidentiality for specific categories of documents), the European Union courts have reinforced the authorities’ restrictive approach. The 2017 reforms to the German Competition Act (9. GWB-Novelle) further impede private enforcement of the law. In order to enable cartel victims to actually become a ‘second pillar’ of antitrust enforcement, the EU’s legislative body needs to revise Transparency Regulation 1049/2001, German legislators should rework some of the 2017 amendments to the 9. GWB-Novelle and the German competition authority must publish detailed accounts of court rulings (instead of short-form reports), even in settlement cases. The book includes an extensive English summary.