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.
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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
OECD Background note • Note de réflexion de l'OCDE
Executive Summary with key findings
Detailed summary of the discussion
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
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