Tag: Confidentiality
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Settlement procedure
Settlement procedure (Article 15 Reg. 773/2004): Access to relevant informationAccording to Article 15(1a) of Regulation 773/2004: "After the initiation of proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 and in order to enable the parties willing to introduce settlem…
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Rejection of Complaints
Rejection of complaints: access to information on which the Commission has based the preliminary viewThe General Court has ruled 1 that complainants do not have the same rights and guarantees as the parties under investigation. Therefore com…
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Procedural practices of access to the file
Different procedural practices of access to the fileAccording to the Notice on Antitrust Best Practices (paragraphs 95 et seq.), further to the possibilities contemplated in the Notice on access to file, there are two additional procedural practices that may be used for the purpose of allev…
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Professional secrecy
Professional secrecyThe provisions on professional secrecy apply also to the competition authorities of the Member States, their officials, civil servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the…
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Negotiated disclosure procedure
The negotiated disclosure procedureIn 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 pro…
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Internal documents
Internal documentsInternal documents can be neither incriminating nor exculpatory. They do not constitute part of the evidence on which the Commission can rely in its assessment of a case. Given their lack of evidential value, this restriction on access to internal documents does not prejud…
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Constitution of the file
Constitution of the fileThe preparation of access to file and the processing of requests for confidentiality that flow from such preparation generate substantial workload and require adequate staffing and realistic planning.ResourcesSee AlsoReferencesInformati…
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Disclosure of confidential information
Disclosure of confidential informationThe provisional qualification of a piece of information as confidential is not a bar to its disclosure if such information is necessary to prove an alleged infringement ("inculpatory") or could be necessary to exonerate a party ("exculpat…
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Access to file Request
When is access to file granted?Access to file is granted upon request and, normally, on a single occasion, following notification of the SO. 1 ResourcesSee AlsoReferencesInformation about Access to file Request …
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Commitment decision
Commitment decision (Art. 9 Reg. 1/2003)Neither Regulation 1/2003 nor Regulation 773/2004 expressly provide a right of access to the file in the context of Article 9 proceedings 1 .ResourcesSee AlsoReferencesInf…