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Competition Act, 1998 (Act No. 89 of 1998)

Competition Commission Rules

Part 3 - Access to Commission Records

13. Right of informants to claim confidentiality or request restricted access

 

1) Any person, when submitting information to the Commission, may identify information that the person claims to be confidential information, but must support that claim at the same time with a written statement in Form CC 7 explaining why the information is confidential.

 

2) If a person makes a claim in terms of sub-rule (1), the Commission may—
a) agree to be bound by that claim without determining whether or not the information is confidential information; but
b) at any time may refer the claim to the Tribunal to determine whether the information is confidential information, by Notice of Motion in terms of Rule 42 of the Competition Tribunal Rules, and the Tribunal may—
i) determine whether the information is confidential information; and
ii) if it determines that it is, make any appropriate order concerning access to that confidential information.

 

3) Information that is the subject of a claim in terms of this sub-rule (1) is restricted information
a) from the time that the claim is made, until the Tribunal has determined whether it is confidential information; and
b) from that time on is restricted only to the extent that the Tribunal has accepted the claim.

 

4) If a person has requested in terms of Rule 15(2) that the Commission treat their identity as restricted information—
a) The Commission must accept that request; and
b) That information is restricted unless the person subsequently waives the request in writing.

 

 


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