Last week, the Connecticut Supreme Court issued a ruling in which it placed several restrictions on the uses that the Connecticut Attorney General (AG) may make of documents subpoenaed from a Florida-based insurer during an antitrust investigation.

At issue in the case was the confidentiality provision contained in the Connecticut Antitrust Act, which provides that information and documents furnished to the AG during an antitrust investigation shall not be available to the public.  The Court explained that the antitrust statute balances broad investigatory powers granted to the AG with protections given to the investigatory targets.  The Court went on to hold that the confidential documents may not be disclosed to members of the public as part of the antitrust investigation; that the target of the subpoena must be given notice and a hearing before its confidential documents may be used in any court proceeding; and that if the AG wishes to share the confidential documents with other government entities, those entities must also comply with the confidentiality provisions of the statute.

Please click here to read a copy of the court’s decision.