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

Executive Summary with key findings

Detailed summary of the discussion

Marc Jaeger's speech