U.S. Discovery of European Union and U.S. Leniency Applications and Other Confidential Investigatory Materials

An issue of growing importance in global competition law is the risk that materials produced pursuant to one foreign sovereign’s confidential investigations or proceedings will later be subject to civil discovery in the United States. In many jurisdictions, in particular in the European Union (“EU”) and United States, aggressive cartel enforcement has been significantly aided by programs offering leniency to cartel