Recurring: Apple Inc and Apple Distribution International Limited

Recurred resolution: R CTBG 970/2024

In exercise of the right of access to public information, the NATIONAL COMMISSION OF MARKETS AND COMPETITION was asked for the complete file followed in the requested body to the companies Amazon and Apple, pointing out a series of specific documents that it understands must be included. Subsidiarily, if this is not possible, access is requested to all documents and information that are not considered confidential in accordance with the provisions of article 16 LTAIBG.

The requested agency issued a resolution in which it agrees to deny access to the requested information, considering that there is a specific regime of access to the requested information (within the meaning of the first additional provision, second paragraph, LTAIBG) consisting of articles 42 and 43 of Law 15/2007, of July 3, on Defense of Competition (hereinafter, 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. And this is in connection with the fact that the applicant association, ASSOCIAÇAO IUS OMNIBUS, does not have the status of interested in the procedure. In addition, it invokes the concurrence of the limits contained in letters e), h) and k) of Article 14.1 LTAIBG; that is, the possible harm to legal goods such as the prevention, investigation and punishment of administrative wrongs; economic and commercial interests; and, finally, the guarantee of confidentiality or secrecy required in decision-making processes.

The Council, while indicating 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 inspection work of the CNMC, considers that it is not appropriate to classify the entire content of the file as confidential. Likewise, it considers that the limits invoked in the terms set forth by the CNMC do not apply, and therefore, in accordance with the provisions of article 16 LTAIBG, it decides to estimate the claim by indicating that the claimant is provided with the information in the requested file that is not considered confidential, with sufficient justification for the confidentiality of the information that is excluded from access.