229It has been consistently held that the principle that there must be full disclosure in the administrative procedure before the Commission for the application of competition rules to undertakings applies only to undertakings which may be penalised by a Commission decision finding an infringement of Article 85 of the EC Treaty (now Article 81 EC) or Article 86 of the same Treaty, since the rights of third parties, as laid down by Article 19 of Regulation No 17, are limited to the right to participate in the administrative procedure (judgment of the Court of Justice in Joined Cases 142/84 and 156/84 BAT and Reynolds v Commission [1987] ECR 4487, paragraphs 19 and 20). It follows that the Commission enjoys some latitude in taking account, in its decision, of the written observations and any oral observations presented by third parties. In particular, contrary to the applicant's contention, third parties cannot claim a right of access to the file held by the Commission on the same basis as the undertakings under investigation (judgment of the Court of Justice in Case 53/85 AKZO v Commission, cited above, paragraphs 27 and 28, and Case T-17/93 Matra Hachette v Commission [1994] ECR II-595, paragraph 34). In that regard, the Court of Justice has held that a complainant may not in any circumstances be given access to documents containing business secrets (AKZO v Commission, cited above, paragraph 28, and Joined Cases 142/84 and 156/84 BAT and Reynolds v Commission, cited above, paragraph 21).
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