This workshop aims to explore the impact of recent judgments on the issue of access to documents in competition cases and the right of an undertaking to protect sensitive information and business secrets. Procedural aspects and the balancing of interests in such cases will be discussed.
Key topics:
- Access to the Commission's file, leniency information and decision
- Access to information exchanged between the Commission and NCAs
- Protection of confidential information
- Procedure, data rooms, interim relief, guarantees
- Cases: EnBW, Schenker, Pilkington, Union de Almacenistas de Hierros, Akzo, Evonik Degussa, AGC, Axa
WilmerHale Partner Frédéric Louis will answer the following questions during his presentation, "Access to file v protection of confidential information," at this event:
- On what grounds can disclosure of documents be justified pursuant to recent case law?
- Is there a way to access the confidential version of the Commission decision?
- Can there be access to the information exchanged between the Commission and national competition authorities?
- Does leniency create legitimate expectations for the protection of the submitted material? Are leniency documents “untouchable”?
- What is regarded as confidential information and what is the scope of undertakings' rights to its protection of confidential information? How long can the protection last?
