The Austrian competition authority, BWB, highlights the special confidentiality rules governing whistleblower documents and settlement submissions, rooted in competition law. Attempts to bypass this protection by invoking procurement regulations are deemed impermissible.

Decisions on whether a document falls under protected categories can only be made by a court, not by private parties like clients or participants.

To ensure effective enforcement of competition law, information from BWB's files must not be disclosed before the conclusion of ongoing proceedings before the competition authority or the cartel court.

BWB may need to share whistleblower documents and settlement submissions with law enforcement authorities to fulfill its obligation to report crimes and provide assistance. National regulations currently require BWB to transmit such documents to law enforcement agencies.

In proceedings before the cartel court, BWB is authorized to extensively use whistleblower documents in its own findings, cease-and-desist orders, and fine requests, including for granting the right to be heard. This allows BWB to use these documents against companies involved in the same anticompetitive behavior as the whistleblower.