54In the present case, the request submitted by Agrofert concerns all the unpublished documents relating to the merger control proceedings at issue. The Commission had refused to deliver to Agrofert the documents relating to those proceedings that had been exchanged between it and the notifying parties or third parties, by invoking the exception to the right to access provided for in the first and third indents of Article 4(2) of Regulation No 1049/2001, relating, respectively, to the protection of commercial interests and to that of the purpose of investigations.