Recurrent: National Commission on Markets and Competition (CNMC)

Recurred resolution: R/0444/2023

In exercise of the right of access to public information, a request for access to a copy of a complete sanction file, including inspections, was submitted to the National Commission of Markets and Competition.

The Administration denies access because it considers that there is a specific regime of access to the information requested (within the meaning of the First Additional Provision, second paragraph, LTAIBG) consisting of articles 43 and 44 of Law 15/2007, of July 3, on Defense of Competition (LDC), as well as article 28.2 of Law 3/2013, of June 4, on the creation of the National Commission of Markets and Competition. This is in connection with the fact that the applicant does not have the status of interested party in the procedure. In addition, it invokes the concurrence of the limits contained in letters e), g), h) and k) of Article 14.1 LTAIBG.

The Council partially considers the claim by recognizing the claimant ' s right of access to information in the file that is not confidential, on the understanding that the CDL contains a partial specific legal regime insofar as it expressly establishes in its article 42 the possibility of declaring the confidentiality of the information provided as a result of the CNMC ' s inspection work. Furthermore, it does not consider that the concurrence of the access limits invoked has been sufficiently justified.