Further to my post this morning, the CAT’s website has just been updated with a new judgment on confidentiality, Ryanair Holdings plc v Competition Commission [2013] CAT 25. The Tribunal has ruled, in the context of a challenge to the CC’s decision requiring Ryanair to divest itself of the large part of its minority stake in Aer Lingus, that not even Ryanair’s lawyers are entitled to see a fully unredacted copy of the decision. It would appear from the judgment that the case is likely to give rise to further arguments about procedural fairness and confidentiality: certainly one to watch.
Tag Archives: natural justice
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 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 bag2 – not only risks aggravation to the cat’s owner but has the potential for serious economic harm. Continue reading
Filed under Procedure
