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Application to compel production of confidential regulatory document refused in competition investigation
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The High Court refused an application by an airline company seeking to compel the competition authority to produce a confidential request for assistance sent by another European regulator in the context of a competition investigation. The court held that the document was irrelevant to the legal decisions under challenge, did not play any operative role in the issue of a search warrant, and was protected by public interest privilege and European Union law confidentiality rules. The court also found that the company failed to demonstrate necessity for inspection or any entitlement under the relevant court rules, emphasising the structural importance of maintaining confidentiality in communications between national competition authorities.
application for inspection of documents – Rules of the Superior Courts (RSC) – Order 31 – rule 18 RSC – Order 31 – rule 15 RSC – public interest privilege – executive privilege – confidential communication – national competition authority (NCA) – European Competition Network (ECN) – Regulation 1/2003 – Article 22 Regulation 1/2003 – Article 27(2) Regulation 1/2003 – Directive 2019/1 – relevance of evidence – necessity for fair disposal – judicial review – strike out application – search warrant – proportionality – right to effective remedy
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