Tag Archives: Introduction

Access to file Request

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

Resources

See Also

References

  • Information about Access to file Request in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1]
Article 15(1) of Regulation 773/2004; Notice on access to file para. 26 and 27.

Further Reading

  • Information about Access to file Request in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

Confidentiality Legal framework

Confidentiality Legal framework

Access to file and confidentiality: Legal framework

The right of the parties to have access to the file is laid down in Article 27(1) and (2) of Regulation No 1/2003 and Article 15(1) of Commission Regulation No 773/2004.

More about Confidentiality Legal framework

The rules defining the scope of the identification and protection of confidential information are laid down in Article 16 of Commission Regulation No 773/2004. Article 28 of Regulation No 1/2003 defines the professional secrecy, which obliges the Commission not to disclose confidential information.

More about the Subject

The Commission Notice on access to file 1 explains the principles relating to access to file as well as the treatment of confidential information.

Resources

See Also

References

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

Notes


[Note 1]
Commission Notice on the rules for access to the Commission file in cases pursuant to Articles 81 and 82 of the EC Treaty, Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No 139/2004, OJ C 325, 22.12.2005, p. 7; hereafter “Notice on access to file”.

Further Reading

  • Information about Confidentiality Legal framework in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

Access to File

Access to File

Access to file and confidentiality. Introduction

Access to file work requires legal and procedural knowledge and implies notably a substantive assessment of confidentiality claims. This is often a complex exercise given the tension between two fundamental interests, i.e. on the one hand, the rights of defence of the parties subject to the investigation and, on the other hand, the protection of confidential information by the author of the document.

More about Access to File

Preparing the file for access to file is also a very time consuming exercise that should be started well in advance. The proper management of access to file is an integral part of case-handling. Case managers, case handlers, case assistants and case secretaries organise access to the file according to the highest standards.

More about the Subject

The present Module gives guidance on the practical modalities of managing access to file and dealing with confidentiality claims.

Resources

See Also

References

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

Further Reading

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

Who grants access to file?

Access to file is a measure of pure administration, involving no other Commission services. The case team organises the access to the file.

Resources

See Also

References

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

Further Reading

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