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

Competition Tribunal Rules

Part 3 - Access to Tribunal Records

12. Right of informants to claim confidentiality

 

1) Any person, when submitting information to the Tribunal, 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) A person who seeks access to information that is subject to a claim that it is confidential information may apply to the Tribunal in terms of Rule 42, and the Tribunal may—
a) determine whether the information is confidential information; and
b) if it determines that it is, make any appropriate order concerning access to that confidential information.

 

3) At any time within 10 business days after an order of the Tribunal is made in terms of sub-rule (2), or in terms of Rule 13(2)(b) of the Competition Commission Rules, a concerned party may appeal against that decision to the Court, subject to its rules.

 

4) From the time information comes into the possession of the Tribunal, until a final determination has been made concerning it, the Tribunal must treat as confidential information—
a) any information that it has determined is confidential information;
b) any information that is the subject of a claim in terms of this Rule; and
c) any information that the Commission has delivered to the Tribunal and has been identified as subject to a claim that it is confidential information.

 

5) 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 either by the Tribunal, or by order of the Court.