Emerald Supplies Ltd & Ors v British Airways Plc & Ors

Parties

Procedural Posture

Civil Competition/commercial / Interlocutory Application for Disclosure of Redacted European Commission Decision

Legal Issues

1. 1 Whether the European Commission's Decision should be disclosed in un-redacted form to parties in the proceedings
2. 2 Whether confidentiality, leniency, and privilege claims justify redactions
3. 3 Whether the court is bound by the Pergan principle on redactions for non-addressees

Ratio Decidendi

The court held that the European Commission Decision should be disclosed in un-redacted form (except for leniency materials and legally privileged material) to all parties within a confidentiality ring, subject to an order restraining the Claimants from using the Decision to bring proceedings against any other party without court permission. The confidentiality ring and court orders provide sufficient protection for confidential information and the rights of non-addressees, and the delays and lack of progress in the EC redaction process do not justify further withholding disclosure. The court is not bound to follow the Pergan redaction process where it would result in injustice or...

Court Disposition

Application granted in part

Orders

• The un-redacted European Commission Decision (minus leniency and legally privileged material) to be disclosed to all parties within a confidentiality ring.
• Claimants are restrained from using the Decision to bring proceedings against any other party without court permission.