European Court Decision Could Increase Disclosure of Merging Parties’ Information to Third Parties

June 22, 2010
In its recent decision in Editions Odile Jacob SAS v. Commission, the European General Court delivered a judgment that puts a heavier burden of justification on the European Commission when ruling on requests by third parties for access to parties’ documents in Commission merger investigations. The case confirms the need for companies to be aware that there is no blanket protection for information submitted in the context of merger control proceedings. This update examines the Court’s decision as well as the impact it may have on merging companies.