New European Commission Guidelines Facilitate Access To Antitrust Files

On 12 December 2018, the European Commission ("Commission") published two new guidance documents facilitating access to the Commission's files by undertakings subject to antitrust proceedings. These documents are part of the Commission's efforts to increase the transparency of competition procedures, guarantee due process and ensure the undertakings' rights of defence. They follow the Best Practices on Data Rooms as well as the Guidance on confidentiality claims published by the Commission in 2015 and the Recommendations for the use of electronic document submissions published in 2016.

The first new guidance document (available here) covers the use of "confidentiality rings" in antitrust access-to-file proceedings and represents a mere codification of DG Competition's practice based on its experience. A confidentiality ring is defined as a negotiated disclosure procedure through which a restricted circle of individuals is given access to confidential information