Negotiated disclosure procedure

Negotiated disclosure procedure

The negotiated disclosure procedure

In certain cases, especially those with a very voluminous file or which raise serious concerns about the full disclosure of information to addressees of the SO, DG Competition may accept that the parties agree voluntarily to use a negotiated disclosure procedure. Under this procedure, the party entitled to access to file agrees bilaterally with the information providers claiming confidentiality to receive all or some of the information they have provided to the Commission and is contained in the Commission's file including confidential information (instead of only being given access to the redacted version of their submissions).

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The party being granted access to the file limits access to the information to a restricted circle of persons (to be decided on a case-by-case basis, if requested, under the supervision of DG Competition).

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To the extent that this type of access to file would amount to a restriction of a party's right to have full access to the investigation file, it must waive its right to access to the file vis-à-vis the Commission.

Other Considerations

Normally, the party would receive the information subject to the negotiated disclosure procedure directly from the information provider. However, if the information that is subject to such an agreement would, exceptionally, be provided to the restricted circle of persons by the Commission, the information providers would have to waive their rights to confidentiality vis-àvis the Commission.

Resources

See Also

References

  • Information about Negotiated disclosure procedure in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Negotiated disclosure procedure in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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