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What Happens in Luxembourg Stays in Luxembourg: Confidentiality Issues in Competition Law Proceedings Before the EU Courts

Kyriakos Fountoukakos and Camille Puech-Baron, Journal of European Competition Law & Practice Vol. 5, Issue 6, pp. 331-343, 2014

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This article discusses confidentiality issues in competition law proceedings before the EU Courts.

It focusses on procedural issues such as: confidentiality of the written pleadings as between the main parties in a case, vis-à-vis interveners, parties in joined cases and parties in appeal proceedings; access by third parties (and the public) to the EU Courts’ case files; confidentiality issues relating to documents published by the EU Courts such as the report for the hearing and the judgment; and confidentiality issues in the oral hearing.

It explains that the Public Access Regulation (Regulation 1049/2001) does not apply to documents held by the EU Courts and discusses the approach of the EU Courts with regard to confidentiality of pleadings and other procedural documents.

It suggests practical methods to enable confidential treatment such as ‘confidentiality rings’ and use of code names.

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