Competition Act, 1998 (Act No. 89 of 1998)Chapter 5 : Investigation and Adjudication ProceduresPart A : Confidential Information44. Right of informants to claim confidentiality |
| (1) |
| (a) | A person, when submitting information to the Competition Commission or the Competition Tribunal, may identify information that the person claims to be confidential information. |
| (b) | Any claim contemplated in paragraph (a) must be supported by a written statement in the prescribed form, explaining why the information is confidential. |
| (2) | From the time information comes into the possession of the Competition Commission, Competition Tribunal or Minister until a final determination has been made concerning that information, the Commission, Tribunal and Minister must treat as confidential, any information that is the subject of a claim in terms of this section. |
[Section 44(2) substituted by section 27(a) of Notice 175, GG 42231, dated 14 February 2019]
| (3) | In respect of information submitted to the Competition Commission, the Competition Commission may— |
| (a) | determine whether or not the information is confidential information; and |
| (b) | if it finds that the information is confidential, make any appropriate determination concerning access to that information. |
[Section 44(3) substituted by section 27(b) of Notice 175, GG 42231, dated 14 February 2019]
| (4) | The Competition Commission may not make a determination in terms of subsection (3) before it has given the claimant the prescribed notice of its intention to make the determination and has considered the claimant’s representations, if any. |
[Section 44(4) inserted by section 27(c) of Notice 175, GG 42231, dated 14 February 2019]
| (5) | A person contemplated in subsection (1) who is aggrieved by the determination of the Competition Commission in terms of subsection (3) may, within the prescribed period of the Commission’s decision, refer the decision to the Competition Tribunal. |
[Section 44(5) inserted by section 27(c) of Notice 175, GG 42231, dated 14 February 2019]
| (6) | The Competition Tribunal may confirm or substitute the Competition Commission’s determination or substitute it with another appropriate ruling. |
[Section 44(6) inserted by section 27(c) of Notice 175, GG 42231, dated 14 February 2019]
| (7) | In respect of confidential information submitted to the Competition Tribunal, the Tribunal may— |
| (a) | determine whether the information is confidential information; and |
| (b) | if it finds that the information is confidential, make any appropriate determination concerning access to that information. |
[Section 44(7) inserted by section 27(c) of Notice 175, GG 42231, dated 14 February 2019]
| (8) | A person aggrieved by the ruling of the Competition Tribunal in terms of subsection (6) or (7) may, within the prescribed period and in accordance with the Competition Appeal Court’s rules— |
| (a) | refer the Tribunal’s ruling to the Competition Appeal Court, if the Tribunal grants leave to appeal; and |
| (b) | petition the President of the Competition Appeal Court for leave to refer the Tribunal’s ruling to the Competition Appeal Court, if the Tribunal refuses leave to appeal. |
[Section 44(8) inserted by section 27(c) of Notice 175, GG 42231, dated 14 February 2019]
| (9) | Unless the Competition Commission, Competition Tribunal or Competition Appeal Court holds’ otherwise, an appropriate determination concerning access to confidential information includes the disclosure of the information to the legal representatives and economic advisors of the person seeking access— |
| (a) | in a manner determined by the circumstances; and |
| (b) | subject to the provision of appropriate confidentiality undertakings. |
[Section 44(9) inserted by section 27(c) of Notice 175, GG 42231, dated 14 February 2019]
[Section 44 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]