Publish Selection

Publish Selection

Identifying information that may not be published

In order to identify confidential information, correspondence and contacts with the addressees of decisions are necessary.

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Under Article 16(3) of Regulation No 773/2004, the addressees may be required, within a deadline set by the Commission: – to identify any part of that decision which in their view contains business secrets and other confidential information; – to substantiate each claim for confidentiality; – to provide the Commission with a non-confidential version of the decision in which the confidential passages are deleted; – to provide a concise description of each piece of deleted information. – If the parties fail to comply with these requirements, the Commission may assume that the decision does not contain confidential information (Article 16(4) of the Reg.773/2004).

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The case team should take a position as to whether the confidentiality claims of the parties are justified and follow up with the parties accordingly (see further section 4.1.4).


See Also


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

Further Reading

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

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