Judgment;Information — ECLI:EU:T:2024:825
Date: 2024-11-13
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded
Origin: Italy

summary of the commitments relating to the concentration at issue which corresponds to the public version of the commitments, in particular to paragraphs 3 and 4 thereof, as annexed to the non-confidential version of the contested decision. Therefore, in accordance with the case-law cited in paragraph 36 above, the requests for confidential treatment in relation thereto can only be refused, given that they are pointless. However, the name and logo at the bottom of the page are excepted from that finding, since they reveal the identity of the operator which authored the presentation. 115 The third to seventh pages concern, respectively, the competitive situation in the Italian market as of May 2021, the adverse impact on the business plans of telecommunications operators, the consequences of the delay in getting access to INWIT’s sites, some counteraction by competitors and proposals for making the rollout process more effective. That information is normally not available to third parties and must, in view of its current and precise nature, be regarded as constituting business secrets. However, the first and second sentences on the sixth page of the presentation, which merely summarise the commitments relating to the concentration at issue, are excepted from that finding. That summary corresponds to the public version of those commitments, in particular to paragraph 14 thereof. Therefore, the requests for confidential treatment must be granted in so far as they concern the third to seventh pages save, given that they are pointless (see paragraph 36 above), in so far as they relate to the first and second sentences on the sixth page. 116 Accordingly, the request for confidential treatment referred to in paragraph 108 above is granted only in so far as it concerns the logo that appears in the background on the first page, the name and logo of the telecommunications operator at the bottom of the second page, the third to fifth pages, the sixth page with the exception of the first and second sentences on that page, and the seventh page of the presentation in Annex C.4. – The applicant’s observations on TIM’s statement in intervention 117 The applicant requests confidential treatment, vis-à-vis TIM and Vodafone, of redacted passages in paragraphs 1.6 and 2.7 of its observations on TIM’s statement in intervention and footnote 10 thereto. 118 The redacted passages concern the total number of sites to which the applicant has access or on which it has installed its equipment and the number of those sites which are located in urban areas or historical centres in Italy. That information, which is specific to the applicant, forms part of its commercial strategy and, in the light of its current and sufficiently precise nature, constitutes business secrets. 119 Accordingly, the requests for confidential treatment referred to in paragraph 117 above must be granted. – Annex VO.4 120 The applicant requests confidential treatment, vis-à-vis TIM and Vodafone, of redacted passages on slide 16 on page 44 of Annex VO.4. 121 The redacted passages concern two graphs, their legends and their explanatory text, which were taken from the presentation of the meeting held between the applicant and the monitoring trustee on 22 January 2021. They relate to the applicant’s minimum power needs and its portfolio of frequencies. That information is the result of an internal analysis that is not intended to be made public. In view of its precise and current nature, it constitutes a business secret. 122 Accordingly, the requests for confidential treatment referred to in paragraph 120 above must be granted. Weighing up of the competing interests in relation to the material found to be confidential 123 In accordance with the case-law referred to in paragraphs 38 and 39 above, it is necessary to weigh up the competing interests in respect of the various elements which the Court has determined are confidential. 124 In that regard, it should be noted that most of the material identified as being confidential is not necessary for the exercise of the procedural rights of TIM and Vodafone, since the unredacted material in the procedural documents is sufficient to enable them to understand the arguments of the main parties and to participate in the proceedings. The weighing up of interests does not, therefore, require the disclosure to TIM and Vodafone of the following: – the redacted passages in footnote 24 to the application and in rows A.17 and A.18 of the schedule of annexes on page 31 thereof; – the content of the emails of 25 November and 10 December 2019 and the names, signatures and email addresses of natural persons contained in the emails of 14 and 29 January 2020 in Annex A.10; – the redacted passages in paragraphs 4.4 and 4.6 of Annex A.11; – the redacted passages on pages 339 and 340, in the third paragraph under point 10.1 on page 346 and on page 355; the whole of pages 370 to 372 and the second to eighth columns of the table on page 374 of Annex A.13; – the table under paragraph 2.51 of Annex A.16; – the redacted passages on page 423 of Annex A.17; – the redacted passages on page 426 of Annex A.18; – the table below paragraph 1.3 and the tables or diagrams on pages 430, 431, 433, 434, 435, 437, 438 and 439, as well as the redacted passages on pages 429, 432 and 436 of Annex A.19; – the redacted passages of the fifth sentence of paragraph 23 and in paragraph 63 of the defence; – the redacted passages in paragraphs 3 to 9 and 20 to 24 as well as paragraph 27 and the title preceding paragraph 27 of Annex B.1, with the exception of the information relating to the identity of the backhaul supplier in paragraph 22 of that annex; – footnotes 35 and 36 to the reply and the redacted passages in the first and second columns of row C.4 of the schedule of annexes on page 25 of the reply; – the redacted passages in footnote 10 to the applicant’s observations on TIM’s statement in intervention. 125 However, certain information relating to the commitments offered by the applicant in respect of the concentration at issue, the state of competition before and after notification of that concentration, the applicant’s business relationships with INWIT and the applicant’s technical requirements may be useful to TIM and Vodafone for the purposes of enabling them to analyse the merits of the arguments raised by the applicant and to ensure that they can properly present their case before the Court. Accordingly, the following must be communicated to TIM and Vodafone to enable them to participate effectively in the present proceedings and in the exchange of arguments between the main parties: – a non-confidential version of paragraph 1.21 of the application, in which the precise figures in the redacted passages of that paragraph are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of Annex A.11, in which the precise figures (i) in the redacted passages of paragraphs 3.10, 4.2, 4.11 and 4.14, and (ii) in the tables below paragraphs 4.7 and 4.10 and on page 319, and in the graph below paragraph 4.9, are replaced by ranges that deviate from those figures by no more than 10%, save for the first and second columns of the table on page 319, in respect of which it is appropriate, in view of the refusal of the requests for their confidential treatment (see paragraph 67 above), for access to precise information to be provided; – the redacted passages in paragraph 5.1 of Annex A.12 in their entirety; – a non-confidential version of Annex A.13, in which the precise figures in the redacted passages on pages 331 and 345 and in the first and fifth paragraphs under point 10.1 on page 346 are replaced by ranges that deviate from those figures by no more than 10%; – the redacted passages of the fourth sentence of paragraph 23 of the defence in their entirety; – a non-confidential version of paragraph 3.17 of the reply in which the names of companies other than INWIT are redacted and the precise figures are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of the presentation in Annex C.4, in which (i) the names and logos of companies other than INWIT, Vodafone and TIM are redacted, and (ii) the precise figures appearing on the third, fourth and fifth pages, on the sixth page – with the exception of the first and second sentences on that page, confidential treatment of which has been refused (see paragraph 116 above) – and on the seventh page are replaced by ranges that deviate from those figures by no more than 10%; – the redacted passages in paragraphs 1.6 and 2.7 of the applicant’s observations on TIM’s statement in intervention in their entirety; – a non-confidential version of slide 16 on page 44 of Annex VO.4, in which the precise figures are replaced by ranges that deviate from those figures by no more than 10%. On those grounds, THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT hereby orders: 1. There is no need to rule on the merits of the applications for confidential treatment vis-à-vis Fastweb SpA. 2. The applications for confidential treatment vis-à-vis Telecom Italia SpA and Vodafone Group plc are granted, save as regards the following: – with regard to Telecom Italia, the emails of 14 and 29 January 2020 in Annex A.10, with the exception of the names, signatures and email addresses of natural persons contained in those emails; – with regard to Vodafone Group, the information relating to the identity of the backhaul supplier in paragraph 22 of Annex B.1; – with regard to Telecom Italia and Vodafone Group, – the redacted passages in paragraphs 4.3 and 4.12, the second sentence of paragraph 4.9, the passage ‘i.e. in more than half of the cities concerned’ in paragraph 4.11, and the first and second columns of the table on page 319 of Annex A.11; – the redacted passages in paragraph 5.1 of Annex A.12; – the first column, the title and the headings of the table on page 374 of Annex A.13; – the redacted passages of the third and fourth sentences of paragraph 23 and of paragraph 24 of the defence; – the redacted passages in the third, fourth, fifth, sixth and seventh columns of row C.4 of the schedule of annexes on page 25 of the reply; – the first page with the exception of the logo of the telecommunications operator that appears in the background of that page; the second page with the exception of the name and logo of the telecommunications operator at the bottom of that page; and the first and second sentences on the sixth page of the presentation in Annex C.4; – the redacted passages in paragraphs 1.6 and 2.7 of the applicant’s observations on Telecom Italia’s statement in intervention. 3. The Registrar shall fix a time limit for submission by the applicant of: – a non-confidential version of paragraph 1.21 of the application, in which the precise figures in the redacted passages of that paragraph are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of Annex A.11, in which the precise figures (i) in the redacted passages of paragraphs 3.10, 4.2, 4.11 and 4.14, and (ii) in the tables below paragraphs 4.7 and 4.10, in the table on page 319 with the exception of the first and second columns of that table, and in the graph below paragraph 4.9, are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of Annex A.13, in which the precise figures in the redacted passages on pages 331 and 345 and in the first and fifth paragraphs under point 10.1 on page 346 are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of paragraph 3.17 of the reply in which the names of companies other than Infrastrutture Wireless Italiane SpA are redacted and the precise figures are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of the presentation in Annex C.4, in which (i) the names and logos of companies other than Infrastrutture Wireless Italiane, Vodafone Group and Telecom Italia are redacted, and (ii) the precise figures appearing on the third, fourth and fifth pages, on the sixth page – with the exception of the first and second sentences on that page – and on the seventh page are replaced by ranges that deviate from those figures by no more than 10%; – a non-confidential version of slide 16 on page 44 of Annex VO.4, in which the precise figures are replaced by ranges that deviate from those figures by no more than 10%. 4. The costs are reserved. Luxembourg, 15 June 2023. V. Di Bucci M.J. Costeira Registrar President * Language of the case: English.