Replies Confidentiality

Replies Confidentiality

Identification and protection of confidential information in the replies

Pursuant to Article 16(2) of Regulation 773/2004, “any person which makes known its views pursuant to Article 6(1), Article 10(2) and Article 13(1) and (3) or subsequently submits further information to the Commission in the course of the same procedure, must clearly identify any material which it considers to be confidential, giving reasons, and provide a separate nonconfidential version by the date set by the Commission for making its views known”.

More about Replies Confidentiality

If they do not identify any confidential material, the Commission may assume that the documents or statements concerned do not contain confidential information. It is recommended, however, to verify this with the persons concerned, before giving their replies to the parties or any other natural or legal persons. (For detailed explanations, see Module on Access to file).


See Also


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

Further Reading

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

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