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ECJ rules Commission can rely on general presumptions in refusing to disclose cartel documents

04 March 2014

The ECJ has ruled that, when faced with a request for access to cartel documents under the Access Regulation, the European Commission is entitled to rely on general presumptions that exceptions to the duty to disclose apply. The Commission will be relieved that it does not need to individually examine all documents requested. And potential defendants will gain comfort that the prospect of a damages action will not be enough to override any refusal to disclose.