Statistics Act, 1999
R 385
Competition Act, 1998 (Act No. 89 of 1998)Chapter 5 : Investigation and Adjudication ProceduresPart A : Confidential Information45. Disclosure of Information |
| (1) | A person who seeks access to information that is subject to a claim or determination that it is confidential information may apply to the Competition Tribunal in the prescribed manner and form, and the Competition Tribunal may— |
| (a) | determine whether or not the information is confidential information; and |
| (b) | if it finds that the information is confidential, make any appropriate order concerning access to that confidential information. |
| (2) | The provisions of section 44(8), read with the changes required by the context, apply to the application referred to in subsection (1). |
| (3) | Subject to section 44(2) and for the purposes of their participation in proceedings contemplated in this Act, including merger proceedings— |
| (a) | the Minister may have access to a firm’s confidential information, which information may only be used for the purposes of this Act unless required to be disclosed in terms of any other law or the Minister has reasonable grounds to believe the information discloses a potential criminal offence; and |
| (b) | any other relevant Minister and any relevant regulatory authority may have access to a firm’s confidential information unless the Tribunal determines otherwise, which information may only be used for the purposes of this Act unless required to be disclosed in terms of any other law or the Minister has reasonable grounds to believe the information discloses a potential criminal offence. |
| (4) | Once a final determination has been made concerning any information, it is confidential only to the extent that it has been accepted to be confidential information by the Competition Tribunal or the Competition Appeal Court. |
[Section 45 substituted by section 28 of Notice 175, GG 42231, dated 14 February 2019]
