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ECJ Rules Access to Documents Can Be Denied on Basis of General Presumption That Disclosure Undermines Merger Control Proceedings

Posted in EC Developments, Mergers & Acquisitions

by Philipp Werner and David Henry

There is a general presumption that the grant of public access to documents relating to merger control proceedings would undermine the purpose of those proceedings. The Commission does not therefore have to carry out an individual examination of each document before deciding to refuse access under EU transparency legislation.

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