Antitrust & Competition Policy Blog

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University of Florida
Levin College of Law

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Monday, December 30, 2013

Ending the "Confidentiality Exception" to Due Process

Roy Hoffinger (Qualcomm) advocates Ending the "Confidentiality Exception" to Due Process.

ABSTRACT: It is time to end the "confidentiality" exception to according a Respondent due process. At the same time, prohibitions and measures to enforce against the disclosure by the agency of any party or third-party's confidential documents and information, except to the Respondent pursuant to a protective order, should be maintained and, if necessary, enhanced. The disclosure to competitors, customers, or suppliers of non-public business or technical information can inflict substantial harm on the disclosing party and perhaps its customers and suppliers. Nothing here is intended to suggest otherwise. Providing access to a Respondent is necessary as a matter of due process. However, no one other than the Respondent has a legitimate compelling interest in receiving such access.

http://lawprofessors.typepad.com/antitrustprof_blog/2013/12/ending-the-confidentiality-exception-to-due-process.html

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