The complainant asked the European Commission to give public access to exchanges with a digital platform, designated as a 'gatekeeper' and subject to an investigation under the Digital Markets Act. The Commission identified seven documents as falling within the scope of the request. It granted full access to six documents and refused access to one document concerning the minutes of meetings with the digital platform. In doing so, the Commission invoked exceptions under the EU legislation on public access to documents, arguing that disclosure could undermine commercial interests and the purpose of the investigation, and arguing that this was subject to a general presumption of non-disclosure.

The Ombudsman opened an inquiry and sought to inspect the document in question.