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<p><OrderedList> <ListItem> <ItemNumber>a)</ItemNumber> <ItemContent> <p>The jurisdiction of the Federal Supreme Court in proceedings pursuant to Sec. 19a Act against Restraints of Competition for disputes against independently contestable procedural steps is not limited to complaints against administrative measures, but also extends to complaints against other procedural steps.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>b)</ItemNumber> <ItemContent> <p>The protection of secrets pursuant to Sec. 30 Administrative Procedure Act, which is applicable to the disclosure of information during the hearing of the parties pursuant to Sec. 56(1) Act against Restraints of Competition, can also be restricted by unwritten powers of disclosure, in particular if a balancing of the interests shows that the interest in secrecy must give way to even more important other interests.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>c)</ItemNumber> <ItemContent> <p>The competition authority may only disclose business or trade secrets of the company affected by the investigation to the third parties admitted to the proceedings in accordance with Sec. 56(1) Act against Restraints of Competition for the purpose of stating their case if this is proportionate, hence if the disclosure is suitable and necessary to advance the Federal Cartel Office’s investigation and if the public interest in advancing the proceedings and the (procedural) interests of the joined parties in this respect outweigh the confidentiality interest of the undertaking concerned in the specific case.</p> </ItemContent> </ListItem> </OrderedList></p>

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  • 期刊论文

  • 发表日期：

    2025年3月18日

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摘要

a)

The jurisdiction of the Federal Supreme Court in proceedings pursuant to Sec. 19a Act against Restraints of Competition for disputes against independently contestable procedural steps is not limited to complaints against administrative measures, but also extends to complaints against other procedural steps.

b)

The protection of secrets pursuant to Sec. 30 Administrative Procedure Act, which is applicable to the disclosure of information during the hearing of the parties pursuant to Sec. 56(1) Act against Restraints of Competition, can also be restricted by unwritten powers of disclosure, in particular if a balancing of the interests shows that the interest in secrecy must give way to even more important other interests.

 c)

The competition authority may only disclose business or trade secrets of the company affected by the investigation to the third parties admitted to the proceedings in accordance with Sec. 56(1) Act against Restraints of Competition for the purpose of stating their case if this is proportionate, hence if the disclosure is suitable and necessary to advance the Federal Cartel Office’s investigation and if the public interest in advancing the proceedings and the (procedural) interests of the joined parties in this respect outweigh the confidentiality interest of the undertaking concerned in the specific case.