PRACTICES - BUSINESS SECRET - PROTECTION OF BUSINESS SECRET - RIGHT OF DEFENSE BEFORE NCAs/REGULATORS- DISCREPANCIES - OVERVIEW OF THE VARIOUS TEXTS - DIFFERENT DEFINITIONS - TABLES

Protection of business secrets before NCAs and Regulators

There are plenty of discrepancies in the way competition authorities and independent regulators are dealing with the protection of business secret. The tables of this article provide an overview of the different texts governing this topic, as well as the different definitions of what business secret is supposed to mean. Additionally, they summarise how to ask for the protection of such secrets, and the consequences for the procedure of a favourable or a negative opinion.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The tables in this article can be found in the attached pdf version. 1. Undertakings have a legitimate concern to protect business secrets that they may disclose to national or European competition authorities and sectoral regulators. Whether in the course of their replies or statements during investigations or calls for comments, or in the context of dispute settlement or sanctions procedures, they are in fact led to communicate important elements of their business plans, cost structures, customer base, development projects, etc., which they may be required to disclose to national or European competition authorities. 2. This month's "Practices" section

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Jean-Paul Tran Thiet, Protection of business secrets before NCAs and Regulators, September 2007, Concurrences N° 3-2007, Art. N° 13953, pp. 190-196

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