Copies of reports by external economic consultancies in the Google / Doubleclick case
Dear DG Competition Policy Access to Document team,
I am conducting a research project for a book to be published by Simon & Schuster in 2027, and also for a related project I am pursuing as a Technology and Human Rights Fellow with the Carr-Ryan Center, Harvard Kennedy School.
For the purposes of this research, and under the right of access to documents in the EU treaties (as developed in Regulation 1049/2001,) I am requesting the following information:
"Copies of all the reports submitted by external economic consultancies that you received on Case No COMP/M.4731 – Google/ DoubleClick, including all annexes and supporting documents."
I am aware of Alexander Fanta’s request on September 6, 2023 (EASE 2023/5189) for all the files in the Google/DoubleClick case, which was refused on grounds of commercial confidentiality. However, my request is different:
a) Mine is a narrower request.
b) More time has elapsed since Mr. Fanta’s request: the case was now approximately 18 years ago (and confidentiality requirements generally expire after five years.)
c) Given the sheer amount of information that has since emerged in the public domain about Google’s adtech businesses and strategies, for example in the various documents that emerged in the adtech case against Google in the U.S. District Court for the Eastern District of Virginia (https://www.justice.gov/opa/pr/departmen...), there seems not the remotest possibility that, as your response to Mr. Fanta stated, “disclosure would undermine the protection of commercial interests.”
Should there be a refusal to provide this information on the grounds of business confidentiality, or otherwise, I would be most grateful for a brief description of the precise legal basis for this refusal, including why confidentiality is still applicable 18 years later, and if so, what would be the appropriate time limit to release business secrets of this nature?
Thank you very much in advance for your help.
Yours faithfully,
Nicholas Shaxson, journalist, Berlin, Germany (home address available confidentially, on request.)
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 03/04/2026 and registered on 03/04/2026 under case number 2026/1869.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Competition - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Sir/Madam,
We are writing regarding your request for access to European Commission
documents registered on 03/04/2026 under case number EASE 2026/1869.
On 03/04/2026, we asked you to send us your postal address and explained
the reasons why we need it.
Since we have not received your postal address , we are unable to further
handle your request and we have closed this case.
Kind regards,
DG COMP