Competition Act, 1998 (Act No. 89 of 1998)Competition Commission RulesPart 3 - Access to Commission Records14. Access to information |
| 1) | Any person, upon payment of the prescribed fee, may inspect or copy any record of the Commission's proceedings in terms of Chapters 2, 3, or 6 of the Act,— |
| a) | if it is not restricted information; or |
| b) | if it is restricted information, to the extent permitted, and subject to any conditions imposed, by |
| i) | this Rule; or |
| 2) | In a particular complaint the Commission may release otherwise restricted information, other than confidential information, relating to a possible agreement of terms of an appropriate order, or the consent of a complainant for an order to include an award of damages, to— |
| a) | The respondent; or |
| b) | Any person who has filed Form CT 3 in respect of that complaint. |
| 3) | In addition to the provisions of sub-rule (1) and (2), the Commission may release restricted information to, or permit access to it by, only the following persons: |
| a) | the person who provided that information to the Commission; |
| 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); |
| e) | the Minister, if the information concerns a merger; or |
| f) | any other person, with the written consent of the firm to whom the information belongs. |
| 4) | When the Commission submits a Complaint Referral to the Tribunal, makes a recommendation to the Tribunal in respect of a large merger, or supplies any other information to the Tribunal or the Minister, the Commission must identify to the Tribunal or the Minister any information included in its submission— |
| a) | in respect of which a claim has been made in terms of Rule 13(1), that has not yet been determined by the Tribunal; or |
| b) | that has been finally determined to be confidential information. |
| 5) | When making any decision in terms of the Act or these Rules, the Commission— |
| a) | may take confidential information into account in making its decision, but |
| 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 after publishing its decision in the matter, but at least ten days before publishing those reasons. |
| 6) | A party may apply to the Tribunal within the time period contemplated in sub-rule (5)(b) after receiving a copy of proposed reasons in terms of sub-rule (5)(b), subject to its Rules, for an appropriate order to protect the confidentiality of the relevant information. |
| 7) | A party concerned may appeal against a decision of the Tribunal in terms of sub-rule (6) to the Court, subject to its Rules. |
| 8) | If a party applies to the Tribunal in terms of sub-rule (6), the Commission must not publish the proposed reasons until the Tribunal, or the Court, if applicable, has made an order in the matter. |