In order to protect confidential business data, you need to lodge two versions of a complaint, a confidential version and a non-confidential version. The confidential version will be available only to European Commission staff directly involved in the case. The non-confidential version will be accessible by all interested parties upon request. Giving interested parties access to the non-confidential version of the complaint is a basic legal requirement ensuring the protection of the rights of defence of all parties.

 

An AD/AS complaint consists of two versions.

 

In order to protect confidential business data, a confidential and a non-confidential version of a complaint need to be lodged.

 

n the non-confidential version, data considered confidential can be summarised. However, the non-confidential version needs to allow interested parties a reasonable understanding of the substance of the information submitted in confidence. For example, in cases with only two or three complainants, injury data can be provided in indexed format or as ranges, instead of real figures (e.g. year 1 = 100, year 2 = 102, year 3 …, year 4 …), or, instead of giving the breakdown of costs in absolute numbers, certain percentages could be provided. However, the non-confidential version still needs to show the trends and/or levels of data clearly enough to allow conclusions to be drawn on dumping/subsidisation, injury and causality.

 

Source: “TDI Trade defence instruments, Anti-dumping & Anti-subsidy - A Guide for Small and Medium-Sized Businesses” by the European Commission