Confidentiality claims not acceptable

Confidentiality claims not acceptable

Confidentiality claims not acceptable

It is for the case team to determine whether any of the confidentiality claims are justified on the basis of substantiated reasons provided by the parties, in line with the substantive requirements detailed in section 6 below.

More about Confidentiality claims not acceptable

Disagreements on confidentiality claims with the parties should usually not arise for the documents to be published in the OJ (summary of the decision, final report of the Hearing Officer and opinion of the Advisory Committee), which generally do not contain confidential information. Such disagreements, however, may occur when establishing the non-confidential version of the decision for publication on the website.

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In case of a disagreement with any party on confidentiality issues, the case team informs the party of its disagreement with a view to obtaining the agreement of all parties on a version that is acceptable to the Commission.

Other Considerations

Initially this can be done informally, though it should be done in writing and reasoned. A deadline should be set for the party to submit any written comments. An e-mail by the case handler suffices.

Resources

See Also

References

  • Information about Confidentiality claims not acceptable in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Confidentiality claims not acceptable in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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