Recurrent: National Market and Competition Commission

Recurred resolution: R/0970/2024

In exercise of the right of access to public information, a request for access to the complete file was submitted to the National Commission of Markets and Competition to the companies Amazon and Apple, pointing out a series of specific documents that it understands should be included. Subsidiarily, if that was not possible, it requested access to all documents and information that are not considered confidential.

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) formed by articles 42 and 43 of Law 15/2007, of July 3, on Defense of Competition (LDC), as well as by 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), h) and k) of Article 14.1 LTAIBG.

The Council 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, but it is not appropriate to classify the entire content of the file as confidential.

In addition, since the limits invoked in the terms set forth by the CNMC are not applicable, it decides that, in accordance with the provisions of article 16 LTAIBG, the claimant shall be provided with the information in the file requested that is not considered confidential, and that this nature must be clearly and sufficiently justified in the information that is excluded from access.