Der Informationsanspruch zum Nachweis des Kartellschadens aus der Perspektive des Rechtsanwalts [article]

Mark Orthmann, Humboldt-Universität Zu Berlin, Humboldt-Universität Zu Berlin
2017
The work reveals that a for a better private enforcement of competition law in the form of damages claims an independent right of information vis-à-vis the EU-Commission and the German Cartel Authorities for an attorney without a client and a mandate is needed. This need not only derives from the factual necessity but also from European primary law and the German Grundgesetz. In light of the European principle of effectiveness, Article 4 para. 3 TEU, and the right to effective judicial
more » ... e judicial protection, Article 47 EU Charter of Fundamental Rights and Article 20 para. 3 German Grundgesetz respectively, the author develops the right and its boundaries. The examination of information rights and rights to access documents in EU secondary law and German law then shows that an independent right of information and access to documents for an attorney without a client and a mandate already exists if the law is interpreted in accordance with the EU primary law and the German Grundgesetz. The author further develops a recommendation as to how such an information right could be extended beyond its core that is determined by EU primary law and the German Grundgesetz.
doi:10.18452/17053 fatcat:3mnqizcm5rfelk2q3lxf4w4siu