Competition Act, 1998 (Act No. 89 of 1998)Chapter 5 : Investigation and Adjudication ProceduresPart A : Confidential Information45A. Restricted use of Information |
| (1) |
| (a) | When making any decision in terms of this Act, the Competition Commission, subject to paragraph (b), may take confidential information into account in making its decision. |
| (b) | If the Commission’s reasons for the decision would reveal any confidential information, the Commission must provide a copy of the proposed reasons to the party concerned at least 10 business days before publishing those reasons. |
| (2) | A party may apply to the Competition Tribunal within the period contemplated in subsection (1)(b) after receiving a copy of the proposed reasons, subject to its rules, for an appropriate order to protect the confidentiality of the relevant information. |
| (3) | A party concerned may appeal against a decision of the Competition Tribunal in terms of subsection (2) to the Competition Appeal Court, subject to its rules. |
| (4) | If a party applies to the Competition Tribunal in terms of subsection (2), the Competition Commission may not publish the proposed reasons until the Tribunal or the Competition Appeal Court, as the case may be, has made an order regarding the matter. |
[Section 45A substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]