New broadcast
Documents to be redacted, management of the neutrality of AMOs, espionage between companies via requests or litigation, more or less extensive distribution of documents… The challenges posed in public order by business secrecy (trade and industry secrecy) are many.
For the public purchaser, this is a dilemma. It comes down to navigating between Charybde et Scylla, between two dangers:
- either not to transmit enough information (at the risk of distorting competition and, therefore, vitiating the award procedure);
- or transmit too much (which can even be penalized).
That said, the public body now has many tools and finally effective at this stage (redaction possible in certain cases; new regime of secret business summary, procedure of Article R. 412-2-1 of the CJA; referral to CADA; etc.).
Properly conducted, provided that the right instrument is chosen each time, these procedures can be effective weapons in the hands of public buyers.
On the occasion of a first decision rendered by a TA in the matter of “business secret” summary proceedings, Me Evangelia Karamitrou and Me Eric Landot present, in just over 8 minutes, an educational and fun video on this subject:
See as well :
