This presentation by Jordi Calvet Bademunt, Junior Competition Expert, Competition Division, OECD, was made during the discussion Access to the case file and protection of confidential information” held at the 130th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 3 December 2019. More papers and presentations on the topic can be found at oe.cd/acfci.

1. Access to the case file and protection of
confidential information – Secretariat’s findings
3 December 2019
Working Party No. 3 – 130th meeting
Jordi Calvet Bademunt
Directorate for Financial and Enterprise Affairs - OECD

2. Access to the case file
2
• All analysed jurisdictions grant some sort of access
• Differences on how and when access is granted
– Specific documents vs whole file
– Throughout the proceedings vs specific stage
– Access to other interested parties
• Transparency rules

3. Protection of confidential information
3
• All analysed jurisdictions protect confidential
information
• Exact definition varies – commercially sensitive
information and sensitive personal information
• Rule: confidential information is not disclosed
• Exception: disclosure under certain circumstances
– Parties to the proceedings
– Domestic and foreign agencies
– Private enforcement

4. Challenges
4
• Ensuring that parties are granted access to all relevant
evidence in a timely manner
• Disputes over what is confidential
• Disclosure of confidential information to the parties –
confidentiality rings, data rooms, closed hearings, etc.
• Disclosure to foreign agencies – information gateways
• Private enforcement vs leniency and settlement

5. Thank you
Jordi Calvet Bademunt
Directorate for Financial and Enterprise Affairs - OECD