The OECD calls on governments to implement robust measures to prevent unlawful disclosure of sensitive information gathered throughout investigations and protect the confidentiality of privileged communications between attorneys and clients, preserving the rights of parties and third parties involved. However, the protection of confidential information must be balanced with the provision of meaningful opportunities to access the case file, including both exculpatory and inculpatory evidence.

This balance allows parties to effectively engage with competition authorities, so that they can understand the allegations against them, review the evidence that informs the enforcement decision, and prepare a comprehensive defense (and potentially, an appeal for judicial review). To strike an appropriate balance, enforcers can resort to safeguard mechanisms such as the redaction of confidential information or the imposition of confidentiality agreements. 

The OECD calls on governments to ensure that competition enforcement is conducted by independent and impartial public authorities that are exempt from political interferences, basing their decisions exclusively on solid legal and economic arguments. 

Furthermore, governments are called to ensure access to an impartial and timely review by an adjudicative body that is separate and independent from the authority that made the decision. Access to such review should be granted for final substantial decisions as well as intermediate compulsory procedural decisions.