The UK High Court of Justice orders the disclosure of a four-years old unpublished decision of the EU Commission to a confidentiality ring of claimants and defendants (Emerald Supplies)

High Court tests the limits of confidentiality in EC infringement decisions* The European Commission came in for some stern criticism from the High Court this week, in a case which looks set to test the boundaries of confidentiality in EC infringement decisions: see Emerald Supplies v BA [2014] EWHC 3515 (Ch). The background is the 2010 EC decision fining BA and eleven other airlines a total of €800m for operating a global cartel for air freight services. Hundreds of claimants are seeking damages, and they sought disclosure of a copy of the decision – which, remarkably, has not yet been made public by the EC. The problem is that the decision apparently contains comments alluding to potential

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  • Blackstone Chambers (London)

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Eesvan Krishnan, The UK High Court of Justice orders the disclosure of a four-years old unpublished decision of the EU Commission to a confidentiality ring of claimants and defendants (Emerald Supplies), 28 October 2014, e-Competitions Due Process Research Program, Art. N° 69838

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