BIAC/ICC Questions from Business Regarding the Protection of Confidential Information in the Context of International Antitrust Cooperation

The Business and Industry Advisory Committee (BIAC) to the OECD, together withthe International Chamber of Commerce (ICC), appreciate the opportunity to submit the following questions and comments to the OECD Committee on Competition Law and Policy, outlining concerns of business with regard to protection of confidential information in the context of international co-operation between antitrust authorities.

I. General

II. Questions from Business Relating to Protection of Confidential Information in the Context of International Antitrust Cooperation

Question 2
Will the company be given notice prior to any exchange of information?

Question 3
What are the legal frameworks in force for the protection confidential information in the context of cooperation between Antritrust Authorities?
Is the protection afforded similar to that of a business’s home country?

Question 4
Who will have access to the information handed over?
Is it susceptible to further disclosure?
To what extent will it be possible for a company to track, step-by-step, the circulation of its confidential information and to determine who was responsible for preserving confidentiality at each step along the way?

Question 5
For what purposes is the information liable to be used?

Question 6
What will happen to the information once the investigation is over?

III. Conclusion