Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 3 - Access to Commission Records15. Access to information |
| (1) | Any person, upon payment of the prescribed fee, may inspect or copy any Commission record— |
| (a) | if it is not restricted information; or |
| (b) | if it is restricted information, to the extent permitted, and subject to any conditions imposed, by |
| (i) | this Rule; or |
| (ii) | an order of the Tribunal, or the Court. |
| (2) | In a particular complaint the Commission may release otherwise restricted information, other than confidential information, relating to a possible agreement of terms of an appropriate order, or the consent of a complainant for an order to include an award of damages, to— |
| (a) | The respondent; or |
| (b) | Any person who has filed Form CT 3 in respect of that complaint. |
| (3) | In addition to the provisions of sub-rule (1) and (2), the Commission may release restricted information to, or permit access to it by, only the following persons: |
| (a) | the person who provided that information to the Commission; |
| (b) | the firm to whom the confidential information belongs; |
| (c) | a person who requires it for a purpose mentioned in section 69(2)(a) or (b); |
| (d) | a person mentioned in section 69(2)(c); |
| (e) | the Minister, if the information concerns a merger; |
| (f) | the Minister of Finance, if the information concerns a merger referred to in section 18(2); or |
| (g) | any other person, with the written consent of the firm to whom the information belongs. |
| (4) | When the Commission submits a Complaint Referral to the Tribunal, makes a recommendation to the Tribunal in respect of a large merger, or supplies any other information to the Tribunal, the Minister, or the Minister of Finance, the Commission must identify any information included in its submission— |
| (a) | in respect of which a claim has been made in terms of Section 44, that has not yet been determined by the Tribunal; or |
| (b) | that has been finally determined to be confidential information. |
