GERMAN logistics giant
Schenker's request to read court documents connected to long-running air cargo
price fixing trial when 11 airlines were fined EUR800 million (US$976 million)
was rejected by the European Court of Justice.
The company's aim was to
support an eventual damage claims against the airlines, said a report from
legal content provider JDSupra, but the court ruled that its status as a
customer did not give it right to access.
The logistics giant seeks
payment for illegitimate surcharges on the basis of seeing an end and
prevention of the cartel's reoccurrence. The European Commission, upheld by the
court, said there was no evidence to say the cartel had not been ended, thus no
justification existed for the Schenker's demand for the documents.
There are exceptions to
intervening in EU competition cases and these include: legal entities forming
part of the same economic unit; associations composed of competitors or
customers that opposed the alleged anti-competitive agreements containing
restrictive clauses and those representing a large number of operators active
in the sector concerned in protecting the interests of its members.
The ruling is significant
for it issues clear guidance on intervention of anti-competition proceedings at
the EU courts and further information for those seeking damages claims through
the support of sensitive cartel documents.
Source : HKSG.
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