The Commission announced its decision on Google shopping on 27 June 2017. However, the question on many people’s minds is when the general public – and those considering follow-on damages claims – will be able to see a non-confidential version of the document.
In a discussion about the possibility that Google exploit confidentiality procedures to delay publication, Tim is quoted by PaRR highlighting that “confidentiality cannot be claimed for matters that are old and have no business significance”.
PaRR refers to Tim pondering the idea that in the context of fast-moving digital markets, the timeframe in which information becomes “old” may be shorter than the five-year presumption laid down by the ECJ in the Evonik Degussa ruling, indicating that 2.5 years may be a more appropriate benchmark.
 See article entitled “EC Google public decision seen coming quickly – lawyers”.