Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Proposal to Amend Connecticut Law Concerning Disclosure of Confidential Material in State Antitrust Investigations Moves Forward, (May 1, 2013)

By Jeffrey May, J.D.

A proposal to amend the Connecticut Antitrust Act that would permit the state attorney general to disclose confidential material in an antitrust investigation under certain circumstances is moving through the state legislature. Today, a joint committee recommended that the full General Assembly pass Senate Bill No. 879.

Under the proposal, the attorney general's office would be permitted to disclose confidential material to a person testifying in an antitrust investigation where necessary "to adduce evidence of a suspected violation" of the state antitrust law and where the person testifying: "(1) Is an author or recipient of the confidential material, (2) has read the confidential material, or (3) is otherwise aware of the substance of the confidential material."

The provision would define "confidential material" to include "documentary material, responses to interrogatories or written transcripts of oral testimony, or copies thereof, or other information produced pursuant to a demand made under [the antitrust law] or furnished voluntarily." The provision would not apply with respect to investigations of proposed mergers or acquisitions.

The measure was introduced on February 14, 2013. If approved, the measure would take effect October 1, 2013.

The proposal would address a 2010 decision of the Connecticut Supreme Court. In Brown and Brown, Inc. v. Blumenthal, 297 Conn 710, 1 A3d 21, 2010-2 Trade Cases ¶77,115, the court ruled that the state attorney general’s office was barred from disclosing material and information gathered during an investigation of possible antitrust violations in the insurance industry, pursuant to a subpoena duces tecum and interrogatories, to persons outside of the office. In response to the decision, then Connecticut Attorney General Richard Blumenthal said that he would consider seeking legislative action to overrule the decision.

News: Antitrust