Tag: Scope of the Access to File
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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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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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Definition of accessible documents
Definition of accessible / non-accessible documentsAccording to the principle of equality of arms, all documents, whether inculpatory or exculpatory evidence and other information, which have been obtained by, produced to and/or assembled by DG Competition in the Commission's file need …
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Definition of the file
Definition of the fileThe "Commission's file" in a competition investigation consists of all documents obtained, produced and/or assembled by DG Competition during the investigation that has led the Commission to raise its objections. The term "documents" includes al…
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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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Confidentiality Claim Scope
Scope for confidentiality claimInformation will be classified as confidential where the information provider has substantiated its confidentiality claim and provided a non-confidential version that has been provisionally accepted by the Commission.More about Confidentiality Claim Scope<…
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Confidentiality Claim Scope Legal Framework
Legal FrameworkThe protection of confidential information is in principal assured by the classification itself pursuant to Article 27(2) Reg. 1/2003 and Article 15(2) and 16(1) Reg. 773/2004 as well as by the obligation of professional secrecy, which obliges the Commission not to disclose i…
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Confidentiality claims
Dealing with confidentiality claimsIt is preferable to settle all claims for confidentiality before the notification of the SO to the parties, in order to ensure a complete access to file.More about Confidentiality claimsAccording to para. 42 of the Notice on access to file: "…
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Confidentiality requests
Informing companies how to lodge confidentiality requestsThe case-team requires systematically the provider of information for a non-confidential version of the original documents, when requesting or receiving information (Art. 18(2) letters or 18(3) decisions, when receiving complaints, re…