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Tag Archives: Disclosure

Tell me more, tell me more…The right to obtain information according to the 9th amendment of the German Act against Restraints of Competition (part 2)

Bye bye trade secrets?

In the new ARC, confidential information and trade secrets still enjoy special protection. The reason is clear: as soon as secret information is revealed, it becomes obvious and, as such, is no longer protected as confidential. The defendant that is sued for disclosure of information may therefore reply with a confidentiality objection against the request. But it does not stop short at objecting with confidentiality: the claimant may still apply for judicial review according to para 89b(6) ARC. In the course of this review – which will probably be modeled in camera similar to para 99(2) of the Rules of the Administrative Courts (“Verwaltungsgerichtsordnung”, VWGO) – the court decides, after having heard the parties, whether the information is indeed confidential. If this is the case, the court may still disclose the confidential information on a case-by-case basis and only if the interest in the disclosure of the information outweighs the interest in keeping the information secret. Whether these documents will be handed over to the claimant directly, whether the court may impose an obligation of secrecy on the lawyers vis-à-vis their clients – all of this is not explicitly spelled out in the new Act.

Tell me more, tell me more … The right to obtain information according to the 9th amendment of the German Act against Restraints of Competition (part 1)

The 9th amendment of the ARC aims at increasing the effectiveness of private antitrust enforcement. This aim does not stop short of obtaining information. In order to strengthen the injured party’s position, the information asymmetry between the injured party and the infringer is to be remedied. Almost reflexively, the new rights to obtain information have been labeled “German Discovery” or “Discovery Light”. So what about these new rights? Are they improving the enforcement of cartel damage claims? Are they going to transfer an Anglo-American legal status into German law?

Closing the stable door after another horse has bolted: The Information Rights Tribunal confirms the persuasiveness of other public authority decisions on disclosure of similar commercially confidential information

The First-tier Tribunal (Information Rights) (“FtT“) has published an interesting decision on the disclosure of commercially confidential information.  In John Eustace v The Information Commissioner, Southampton City Council (the “Council“) was ordered to disclose commercial information relating to the revenue stream it received from bus stop advertising, in part because other local authorities had been

California Enforces Supply Chain Disclosure Law

The California Attorney General’s (AG) office recently issued letters to more than 1,700 companies listed as manufacturers or retailers on their California state tax returns requiring them to notify the AG’s office that they are, or are not, in compliance with the California Transparency in Supply Chains Act (the Act). These letters appear to be

Off the record: Supreme Court sides with Charity Commission in FOIA appeal

The Supreme Court has ruled that the absolute exemption contained in s.32(2) of the Freedom of Information Act 2000 (“FOIA“) continues to apply to information obtained or created by a person conducting an inquiry even after the termination of that inquiry.  The decision was not without dissent, however, with the minority of the Court considering

Disclosure of employment equality data “necessary” under Data Protection Act

A Scottish council has been required to provide data indicating whether it pays traditionally “male” jobs more than traditionally “female” roles, after the Supreme Court rejected its argument that Data Protection legislation prevented disclosure. The case provides clarification on what is meant by the requirement that disclosure, and other forms of data processing, be “necessary”

DOT Issues Guidance on Use of the Term “Free” in Air Fare Advertisements and Disclosure of Consumer Costs in Award Travel

The U.S. DOT this week issued guidance related to the use of the term “free” in air fare advertising and the disclosure of costs associated with award travel.  DOT Guidance Free.  The DOT is giving entities covered by this guidance sixty days to modify their promotional material in accordance with this guidance. The DOT announced