Under (file) cover – No access to FCO case files

Co-authored by Valentin Hanke When proving damage claims, gaining access to seized documents from cartel proceedings might be useful. In a recent decision, the German Federal Administrative Court drew clear limits on the rights of third parties requesting access to FCO decisions and case files – and clarified whether the German Freedom of Information Act … Continue reading Under (file) cover – No access to FCO case files

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Private cartel damage claims involve careful considerations, especially regarding which court and country to bring the claim to. In Germany, claims may be brought to the defendant’s residence or the place of the harmful event. Recent Dutch court rulings demonstrate a broad interpretation of anchor defendants, raising questions about future trends in European law. Choosing the best court for a claim involves balancing factors such as disclosure claims, damages estimation, and procedural structures, as courts and jurisdictions have developed different approaches in handling private cartel damage claims. Claimants are advised to stay informed of these developments, while potential defendants should prepare accordingly.