Access to file Preparation

When and how access to file has to be prepared?

The case teams should start the preparation as soon as possible.

More about Access to file Preparation

Each time a document relevant for the investigation is received or produced, it should be as soon as possible classified in the case management application (“CMA”) by defining the document as accessible (A) or non-accessible (NA), or “internal”, “EC premises” (for all corporate statements and immunity/leniency related decisions or correspondence only accessible at DG Competition premises) or by default, before determining the right classification, as “undefined”.

More about the Subject

Where it is not clear upon receipt whether a document is accessible or not, case teams should no longer provisionally accept confidentiality claims but address the issue without undue delay (see above section 2.4 Dealing with confidentiality claims).

Other Considerations

At the moment of preparing the Statement of Objections (SO), the classification should be double-checked for all documents. This is necessary not only to minimise risks of inadvertent disclosure of non-accessible documents but also to minimise risks of not respecting rights of defence (ensure that all documents that prove the infringement or which are exculpatory are accessible).

Resources

See Also

References

• Information about Access to file Preparation in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Access to file Preparation in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)