Journal Article

Access to File for Damage Claimants in Competition Law Cases (Austria)

Florian Neumayr and Sarah Baumgartner

in Journal of European Competition Law & Practice

Volume 6, issue 7, pages 502-505
Published in print September 2015 | ISSN: 2041-7764
Published online June 2015 | e-ISSN: 2041-7772 | DOI: http://dx.doi.org/10.1093/jeclap/lpv042
Access to File for Damage Claimants in Competition Law Cases (Austria)

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Under European competition law, claiming for damages after an infringement of competition rules must not be made practically impossible or be unnecessarily hampered.

In that regard, the Austrian Supreme Court has made it clear that third parties must have the possibility to access the file relating to (fine) proceedings on competition law infringements.

To access the file, the criteria to fulfil cannot impose an excessive burden on those seeking redress.

If they refuse their consent to access, the parties involved in the fine proceedings are to give substantiated reasons.

Journal Article.  3160 words. 

Subjects: Competition Law

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