Information please: Opening antitrust to the public — Why more European Union Court and Commission documents and Hearings should no longer be secret

Conclusion

Warren Grimes argues in the Buffalo Law Review that ‘transparency is a fundamental principle governing the actions of the European Commission’. As he notes, the Commission must report in detail on the reasons for its decisions in mergers while the United States agencies rarely do so. But for a reporter, the delay in making these materials accessible makes the requirements relatively meaningless. We report news, not history. And what we report largely forms the basis for current, timely public understanding of public institutions. Checks and balances are built into democracy, but informed citizens are the ultimate check on government. And citizens cannot be fully informed without access to original source material. While a baker in Siena may or may not take much interest in the merger of a German and a French chemical company, there are people who care. More information will improve these citizens’ oversight of European Union institutions. With increased openness will thus come increased public approval, which will in turn add to the strength and legitimacy of the European Commission and European courts.