The ruling may point to a trend that English courts are ever more willing to intervene in managing confidentiality rings.

By Hayley M. Pizzey

In Infederation Limited v Google LLC and others[1] the English High Court considered the extent to which confidential information should be protected from disclosure in competition proceedings. In a somewhat novel approach, Mr. Justice Roth gave the defendants a choice: they could either amend their case so that they no longer relied on the confidential information, or the claimant’s expert witness could be admitted into the relevant confidentiality rings, allowing him to see the confidential information.

The High Court also provided important guidance on making claims for confidentiality and commented on the prevalence of excessive confidentiality claims in competition proceedings.