The UK High Court issues guidance on the balancing of conflicting interest in a case involving the protection of a big tech’s confidential and technical information concerning its search algorithms (Google / Foundem)

Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from access to documents, with inspection limited to external legal advisors. The court has to perform a difficult balancing act in ensuring that a party’s right to know the case against it is respected while affording the other party adequate protection of its confidential information. This creates particular difficulties when such measures are applied to highly technical documents that require expert analysis and interpretation. This issue arose recently in Foundem v Google LLC, and resulted in an

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Authors

  • Hausfeld (London)
  • Hausfeld (London)
  • Hausfeld (London)
  • Hausfeld (London)

Quotation

Claus Wenzler, Kio Gwilliam, Stella Gartagani, Lesley Hannah, The UK High Court issues guidance on the balancing of conflicting interest in a case involving the protection of a big tech’s confidential and technical information concerning its search algorithms (Google / Foundem), 18 March 2020, e-Competitions June 2020, Art. N° 95227

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