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Competition

Access to the case file and protection of confidential information

 

 3 December 2019  Paris  

Providing access to evidence in a competition agency’s case file protects the parties’ rights of defence and promotes the transparency of the system. The extent and the timing of this access vary across jurisdictions. 

Agencies depend on access to confidential information provided by parties and third parties to carry out enforcement activities. Confidential information is not disclosed, unless this is necessary to protect legitimate interests, for instance, to safeguard the rights of defence. Where disclosure is necessary, confidential information is shared under conditions, e.g. by restricting disclosure only to the external legal counsel of the party requesting access.

The OECD held a roundtable in December 2019 to examine different types of rules and modes of access to the case file in competition proceedings. It also explored the different approaches to protecting confidential information, including such issues as the types of information considered confidential, the procedures used to determine whether confidential treatment must be granted, and the methods used to protect confidentiality. The roundtable also examined the exceptional situations where confidential information is disclosed.

All related materials are available on this page.

» See full list of best practice roundtables on competition

 

INVITED SPEAKERS

Beryl A. Howell Bio 

Chief Judge, United States District Court for the District of Columbia

Marc Jaeger Bio

Judge, General Court of the European Union 

 

PAPERS

OECD Background note • Note de réflexion de l'OCDE 

Marc Jaeger's speech

Austria

Belgium

Bulgaria

Canada

Chile

Colombia

Croatia

Czech Republic

Denmark

EU

Germany

Greece

Hungary

Ireland

Israel

Latvia

Lithuania

Mexico

New Zealand

Norway

Romania

Russian Federation

Singapore

Slovenia

South Africa

Spain

Switzerland 

Chinese Taipei

Turkey

Ukraine

United Kingdom

United States

BIAC

Summaries of contributions

 

 

comp-confidential-information

Read the background note

See the full list of roundtables

PRESENTATIONS

RELATED BEST PRACTICE ROUNDTABLES

Treatment of legally privileged information in competition proceedings 2018

Investigative Powers In Practice – Breakout session 3: Due Process in relation to Evidence Gathering, 2018 Global Forum on Competition 

Unilateral Disclosure of Information with Anticompetitive Effects 2012

Procedural Fairness and Transparency 2012 

SEE ALSO

Recommendation of the Council Concerning International Co-operation on competition investigations and proceedings 2014 

Recommendation of the Council on Merger Review 2005 

Best Practices for the Formal Exchange of Information Between Competition Authorities in Hard Core Investigations 2005

Competition enforcement practices

OECD best practice roundtables on competition

More OECD work on competition

 

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