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

Competition Tribunal Rules

Part 3 - Access to Tribunal Records

13. Access to, and use of, information

 

1) Any person, upon payment of the prescribed fee, may inspect or copy any record of the Tribunal's proceedings—
a) if it is not confidential information; or
b) if it is confidential 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 addition to the provisions of sub-rule (1) the Tribunal may release confidential information to, or permit access to it by, only the following persons:
a) the person who provided that information to the Tribunal, or the Commission, as the case may be;
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); or
e) The Minister, if the information concerns a merger.

 

3) When the Tribunal supplies any information to the Minister, the registrar must identify to the Minister any information included in its submission—
a) in respect of which a claim has been made in terms of Rule 12(1) that has not yet been determined by the Tribunal; or
b) that has been finally determined to be confidential information.