Pursuant to Section 42 of 13(I)/2022 Law, when the Commission informs the undertakings or the association of undertakings on the objections raised to their detriment., the undertakings or the association of undertakings have the right to access the non-business secrets or non-confidential information and documents which are part of the administrative file of the case. After a request by their part, the Commission, by a reasoned decision, may provide access to business secrets or confidential information, deemed to be absolutely necessary for the undertakings’ or association of undertakings’ defense rights.
The 13(I)/2022 Law expressly provides that undertakings or association of undertakings which have been given access to such information concerning the implementation of the Law, are forbidden from using the said information in a Court’s proceedings or in other Competition Authorities’ proceedings, before the Commission concludes its proceedings and a decision is issued.
On the 25/5/2022, the Commission a notice to provide guidance on issues related to the process of accessing an administrative case file pursuant to articles 26(2)(k) and 42(9) of the Protection of Competition Law no. 13(I)/2022.