631On the other hand, the Court of First Instance has previously held that, although undertakings have a right to protection of their business secrets, that right must be balanced against safeguarding the rights of the defence (Case T-36/91 ICI v Commission [1995] ECR II-1847, paragraph 98). Thus, the Commission may be required to reconcile the opposing interests by preparing non-confidential versions of documents containing business secrets or other sensitive information (ICI v Commission, paragraph 103). The Court considers the same principles to be applicable to access to the files in merger cases examined under Regulation No 4064/89, even though their application may reasonably be adapted to the necessity for speed, which characterises the general scheme of that regulation (Kaysersberg v Commission, paragraph 84 above, paragraph 113; and Endemol v Commission, paragraph 115 above, paragraphs 67 and 68). Contrary to the applicant's submission, the rights of the defence are not to be applied with a standard of protection which is different or more extensive in merger control cases than in proceedings involving infringements of Community competition law.
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