Podcast Location:
Download it here [file size: 38.9 MB]
Competition Law & Anti-Trust
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to outline the legal status of leniency documents following the ECJ’s ruling in Pfleiderer and the High Court’s decision in National Grid. It sets out what leniency documents are, how to obtain leniency documents from defendant undertakings through national procedures and the process of seeking documents from the European Commission via a claimant.

After completing the course you will:
  • Understand what leniency documents are and how they can be obtained from defendant undertakings;
  • Have considered the ECJ’s decision in Pfleiderer and the balancing exercise that national courts are required to undertake between the interests of the potential victims of cartel activity against the risk of jeopardising leniency regimes;
  • Understand the High Court’s decision in National Grid and the precedent laid down in respect of the Pfleiderer test.
General Interest Difficulty: 2 of 5
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Article 47 of the Charter of Fundamental Rights of the European Union (2000);
  • Article 101 Treaty on the Functioning of the European Union;
  • Donau Chemie C-536/11;
  • National Grid Electricity Transmission v ABB and Others [2012] EWHC 869;
  • Pfleiderer C-360/09.

In this podcast Emma Cochrane and Tony Woodgate from Simmons & Simmons discuss the way in which the legal position of leniency documents has changed post-Pfleiderer, the ECJ’s decision confirming that EU Law does not prohibit access to leniency documents by third parties seeking damages and, the High Court’s decision in National Grid, where the High Court weighed up the interest of protecting the leniency regime against the interest of National Grid pursuing its claim.

Date Recorded: 20th May 2013


Start this CPDcast Activity

© CPDcast.com