Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 3 - Access to Commission Records14. Restricted information |
| (1) | For the purpose of this Part, the following five classes of information are restricted: |
| (a) | Information— |
| (i) | that has been determined to be confidential information in terms of section 45 (4), or |
| (ii) | that, in terms of section 45 (3), must be treated as confidential information. |
| (b) | Identity of a complainant, in the following circumstances: |
| (i) | A person who provides information in terms of section 49B(2)(a) may request that the Commission treat their identity as restricted information; but that person may be a complainant in the relevant matter only if they subsequently waive the request in writing. |
| (ii) | If a person has requested in terms of sub-paragraph (i) that the Commission treat their identity as restricted information— |
| (aa) | The Commission must accept that request; and |
| (bb) | That information is restricted unless the person subsequently waives the request in writing. |
| (c) | Information that has been received by the Commission in a particular matter, other than that referred to in paragraphs (a) and (b), as follows: |
| (i) | The Description of Conduct attached to a complaint, and any other information received by the Commission during its investigation of the complaint, is restricted information until the Competition Commission issues a referral or notice of non-referral in respect of that complaint, but a completed form CC 1 is not restricted information. |
| (ii) | A Statement of Merger Information and any information annexed to it, or received by the Commission during its investigation of that merger, is restricted information until the Commission has issued a certificate, or been deemed to have approved the merger, in terms of section 13 or 14, or made a recommendation in terms of section 14A, as the case may be; |
| (iii) | An application and any information received by the Commission during its consideration of the application, or revocation of an exemption granted to the applicant, is restricted information only to the extent that it is restricted in terms of paragraph (a). |
| (d) | A document— |
| (i) | that contains— |
| (aa) | an internal communication between officials of the Competition Commission, or between one or more such officials and their advisors; |
| (bb) | an opinion, advice, report or recommendation obtained or prepared by or for the Competition Commission; |
| (cc) | an account of a consultation, discussion or deliberation that has occurred, including, but not limited to, minutes of a meeting, for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed on the Commission by law; or |
| (ii) | the disclosure of which could reasonably be expected to frustrate the deliberative process of the Competition Commission by inhibiting the candid— |
| (aa) | communication of an opinion, advice, report or recommendation; or |
| (bb) | conduct of a consultation, discussion or deliberation; or |
| (iii) | the disclosure of which could, by premature disclosure of a policy or contemplated policy, reasonably be expected to frustrate the success of that policy. |
| (e) | Any other document to which a public body would be required or entitled to restrict access in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000). |
