Mittwoch, 04. Dezember 2013, 17:00 - 19:30 iCal

workshop on EU competition law

Access to leniency file in EU competition law enforcement:

Public vs. private enforcement considerations

Haus der Europäischen Union
Wipplingerstraße 35, 1010 Wien

Seminar, Workshop, Kurs

The enforcement of EU competition law has been characterized during the last decade by the parallel development of “public” and “private” enforcement. This parallel system of enforcement has “entered into crisis” following the CJEU´s ruling in Pfleiderer. The CJEU left the national courts the delicate task of balancing public v. private enforcement considerations when deciding whether a damaged consumer/competitor could access the leniency file held by the NCA. In June 2013, the CJEU ruled once more on this issue in the case Donau Chemie, following a request for a preliminary ruling submitted by the Austrian Cartel Court. Simultaneously, the EU Commission has issued a new draft Directive aimed at harmonizing the EU Member States´ rules on this issue.

The workshop will discuss the issue of access to the leniency file by potential plaintiffs, in light of the new EU Commission draft Directive, as well as the recent CJEU ruling in Donau Chemie. In particular, the roundtable will debate public v. private enforcement considerations in granting access to the leniency file, by comparing the view of academics, practicing lawyers and public enforcers.


Georg Pfeifer, Head, Information Office of the European Parliament in Austria

Josef Aicher, Law Faculty, University of Vienna

Gerda Falkner, Institute for European Integration Research (EIF),

University of Vienna

Lecture: Marco Botta, Institute for European Integration Research (EIF), University of Vienna


Josef Azizi, Law Department, University of Vienna

Florian Schuhmacher, DLA Piper Weiss-Tessbach Rechtsanwälte; Institute for Civil and Business Law, Vienna University of Economics and Business

Peter Stockenhuber, Law Department, University of Vienna

Theodor Thanner, Director General Austrian Competition Authority

Zur Webseite der Veranstaltung


Institut für europäische Integrationsforschung (EIF)


Brigitte Pircher
Universität Wien
Institut für europäische Integrationsforschung (EIF)