The Communication, which contains a non-binding definition of “confidential information”  from the EU case law, offers guidance to national judges, by further clarifying the measures that shall be taken when dealing with the disclosure of confidential information.
Now Italian judges have a very helpful guidance for the interpretation and application to the single case of the existing rules and of the measures set forth therein for the protection of confidential information (e.g. the possibility of (i) redacting sensitive passages in documents, (ii) conducting hearings in camera, (iii) restricting the persons allowed to see the evidence, and (iv) instructing experts to produce summaries of the information).
It remains to be seen whether and to what extent the effort from the Commission will contribute to the development of a consistent case law that could better protect the interest of businesses involved in keeping confidential sensitive information where the discretionary powers of Italian judges are reduced or defined at least.
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For the Italian version click here
Authored by Sabrina Borocci, Christian Di Mauro, Luigi Nascimbene, and Claudio Pasina
 (i) Information which is known only to a limited number of persons; and (ii) information whose disclosure is liable to cause serious harm to the person who provided it or to third parties; and (iii) the interests liable to be harmed by the disclosure of confidential information are, objectively, worthy of protection. See EC Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law, para. 20.