Disclosure of Business Secrets to Competitors by Competition Authority

Disclosure of Business Secrets to Competitors by Competition Authority

Journal article

1 electronic resource (page 491–500)

Extract Basic Law, Art. 12(1), Act against Restraints of Competition, Secs. 19a, 54(1) third sentence, (2) No. 3, 56(1), (4), 57(1), 74(3) fourth sentence, 75(5), Administrative Procedure Act, Sec. 30 – Google Offenlegung [Google Disclosure] Official headnotes (translated from the German by David Wright-Policepayeh) 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.

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

Anglais

https://academic.oup.com/grurint/article/72/3/231/6998505

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