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Tiphaine Blay

In France, the framework applicable to the right of access to procurement information is set by two texts: a 1978 law establishing a general right of access to administrative documents, and the French transposition of the 2014 Procurement Directive. These texts and the relevant interpretive case law show that, by principle, procurement information shall be made available to an unsuccessful bidder or any third party, provided that the communication of such information does not violate business secrets. The aim of this chapter is to study the general framework for the regulation of transparency in procurement, including both ex ante and ex post procurement transparency. It also focuses on the notion of business secrets and its interpretation by public authorities and the administrative judge, as well as on the impact of the rules on transparency on procurement litigation.