Access to the Case File and Protection of Confidential Information

This paper discusses access to the case file, explains why access to file is relevant to ensure the fairness and transparency of competition enforcement and the type of information accessible by which parties and when this information can be accessed. it also examines the protection of confidential information as a limit to the right to access the case file as well as the notion of confidential information and how this is identified and protected in practice. It was prepared as a background note for a discussion held at the OECD in December 2019 on the access to the case file and protection of confidential information.