CASE COMMENTS : PROCEDURES – MERGERS – PRESS – AGRICULTURE - ACCESS TO DOCUMENTS OF THE INSTITUTIONS – PROTECTION OF INVESTIGATIONS AND OF COMMERCIAL INTERESTS

Investigations: The Court of Justice confirms the confidential nature of the documents exchanged between the Commission and parties or third parties during competition procedures (Odile Jacob / Agrofert)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, June 28, 2012, Commission v. Odile Jacob, aff. C-404/10 P CJEU, 28.06.12, Commission v. Agrofert Holding, Case C-477/10 P Following the My Travel judgment of 21 July 2011 (Sweden v My Travel and Commission, C-506/08 P), the Court had appeared reluctant to extend its case law on access - or more precisely the lack of access - to documents of State aid procedures (CJEU, Commission v Technische Glaswerke Ilmenau, 29 June 2010, Case C-139/07 P) to other competition procedures, in particular in the field of merger control. The judgments under review illustrate that this is not the case and provide useful clarifications on this point. The two cases

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Alexandre Lacresse, Investigations: The Court of Justice confirms the confidential nature of the documents exchanged between the Commission and parties or third parties during competition procedures (Odile Jacob / Agrofert), 28 June 2012, Concurrences N° 4-2012, Art. N° 49417, pp. 143-145

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