Disclosure of Documents Contained in Leniency Programs to Obtain Compensation for Damages

Abstract

The compensation of damages and losses derived from infringements of the competition rules, in certain cases, is unattainable. This is due to the confidentiality granted to certain documents contained in the administrative file that the victim of the offense requires access, as they are decisive to prove the elements of civil liability and, in most cases, their access is denied. This difficulty is more evident when the information that is intended to be accessed is contained in a leniency program because the confidentiality that is granted to that program guarantees its effectiveness. Therefore, several solutions will be addressed to harmonize the public interest behind the confidentiality of documents and the private interest of the person exercising the civil action.