Google: EC prohibition decision publication timing

PaRR asked leading competition lawyers when they expect the recent Google EC prohibition decision (Search Comparison Shopping) to be made public by the commission.

Their 12 July 2017 piece titled
EC Google public decision seen coming quickly – lawyers
comes to the conclusions:

  • Google seen keen to stretch cofidentiality process, delay
    damages claims
  • Extensive negotiations already held when SOs revealed to
    third parties
  • Business info no longer confidential after 2.5 years in
    digital sector, lawyer claims (citing ICOMP’s counsel Tim Cowen)

Preiskel & Co partner Tim Cowen – who represents trade
association ICOMP and a number of complainants against Google,
including Kelkoo, Trade Comet and Streetmap – cites another
reason why he believes confidentiality negotiations ought not
drag on too long. “Cofidentiality cannot be claimed for matters
that are old and have no business significance,” he said.
In its recent Evonik Degussa ruling, the ECJ laid down a
rebuttable presumption that information which is over five years
old must be considered historical and to have lost its secret or
confidential nature.
In fast-moving digital markets, the business sensitivity of data
reduces over a shorter timeframe, so that in the circumstances
two to two-and-a-half years might be reasonable for
confidentiality claims, Cowen said.

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