The UK CAT rules on the matter of confidentiality and procedural fairness, deciding that a data room procedure was so restrictive as to be unfair (BMI Healthcare)

Cats, bags, rings and rooms: the problem of confidentiality* Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 [1] provides some help. The core problem of confidentiality in the context of competition law is that many of the arguments deployed by litigants and regulators rely upon information which is highly commercially sensitive. Revealing one party’s business secrets to another – letting the cat out of the bag [2] – not only risks aggravation to the cat’s owner but has the potential for serious economic harm. A solution often employed by regulators is to redact confidential information from public documents. But redactions can make it impossible to

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  • Blackstone Chambers (London)

Quotation

Tom Richards, The UK CAT rules on the matter of confidentiality and procedural fairness, deciding that a data room procedure was so restrictive as to be unfair (BMI Healthcare), 2 October 2013, e-Competitions Bulletin October 2013, Art. N° 57950

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