Martin - Confidentiality Order

Martin - Confidentiality Order

Because the Apple Respondents established the need for temporary confidentiality and all Parties consented, the Tribunal issued the confidentiality order in substantially the proposed form, temporarily designating the specified redacted U.S. transcript as a Protected Record and setting out marking, limited disclosure, re‑designation and destruction procedures.

Citation
2025 Comp Trib 15
Parties
Applicant: Alexander Martin; Respondent: Alphabet Inc.; Respondent: Google LLC; Respondent: Google Canada Corporation; Respondent: Apple Inc.; Respondent: Apple Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
27 August 2025
Procedural Posture
Leave to Make Application / Confidentiality Order Issued (preliminary Procedural Order)
Outcome
Confidentiality order granted in substantially the form proposed by the Apple Respondents; specified records designated as Protected Records on a temporary basis
Legal Topics
Leave Under S.103.1, Protected Records, Confidentiality Orders, Disclosure Restrictions, Document Marking and Destruction
Source Language
English
Competition Law Confidentiality Procedural Law Leave Under S.103.1 Protected Records Confidentiality Orders Disclosure Restrictions Document Marking and Destruction

Case Brief

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Parties

Alexander Martin

Applicant

Alphabet Inc.

Respondent

Google LLC

Respondent

Google Canada Corporation

Respondent

Apple Inc.

Respondent

Apple Canada Inc.

Respondent

Procedural Posture

Leave to Make Application / Confidentiality Order Issued (preliminary Procedural Order)

Legal Issues

  1. 1 Whether a confidentiality order should be issued over specified records produced in the leave proceedings
  2. 2 Scope and duration of the Protected Record designation
  3. 3 Permitted recipients and restrictions on disclosure of Protected Records

Ratio Decidendi

Because the Apple Respondents established the need for temporary confidentiality and all Parties consented, the Tribunal issued the confidentiality order in substantially the proposed form, temporarily designating the specified redacted U.S. transcript as a Protected Record and setting out marking, limited disclosure, re‑designation and destruction procedures.

Court Disposition

Confidentiality order granted in substantially the form proposed by the Apple Respondents; specified records designated as Protected Records on a temporary basis

Orders

  • Confidentiality order issued in substantially the proposed form
  • The redacted transcript of Eddy Cue's May 7, 2025 testimony in United States of America et al. v Google LLC, No. 20-cv-3010-APM (D.D.C.) is designated a Protected Record on a temporary basis