Confidential Information and Legal Status of a Corporation in Trans-Atlantic Competition Proceedings
Abstract
This article examines confidential information in information exchange between the European Commission and the U.S. competition authorities. The purpose of the article is to scrutinize the risks caused to European corporations subject to transatlantic competition investigations. As the scope of confidential information is not straightforward, it is important that corporations identify the risks in order to treat information so that it does not lose its confidentiality. The article mostly addresses the risks incurred to European corporations due to the differences between the European and U.S. legal systems. These risks are often related, e.g., to criminal and private enforcement as well as treble damages. The article also addresses certain viewpoints related to leniency and the U.S. discovery system that may affect a corporation’s position in transatlantic competition matters. Furthermore, a corporation’s position is examined, e.g., in light of the principle of legal certainty.
