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

Competition Commission Rules

Part 3 - Access to Commission Records

14. Access to information

 

1) Any person, upon payment of the prescribed fee, may inspect or copy any record of the Commission's proceedings in terms of Chapters 2, 3, or 6 of the Act,—
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; or
f) 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 or the Minister, the Commission must identify to the Tribunal or the Minister any information included in its submission—
a) in respect of which a claim has been made in terms of Rule 13(1), that has not yet been determined by the Tribunal; or
b) that has been finally determined to be confidential information.

 

5) When making any decision in terms of the Act or these Rules, the Commission—
a) may take confidential information into account in making its decision, but
b) if the Commission's reasons for the decision would reveal any confidential information, the Commission must provide a copy of the proposed reasons to the party concerned after publishing its decision in the matter, but at least ten days before publishing those reasons.

 

6) A party may apply to the Tribunal within the time period contemplated in sub-rule (5)(b) after receiving a copy of proposed reasons in terms of sub-rule (5)(b), subject to its Rules, for an appropriate order to protect the confidentiality of the relevant information.

 

7) A party concerned may appeal against a decision of the Tribunal in terms of sub-rule (6) to the Court, subject to its Rules.

 

8) If a party applies to the Tribunal in terms of sub-rule (6), the Commission must not publish the proposed reasons until the Tribunal, or the Court, if applicable, has made an order in the matter.

 

 


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