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

Competition Tribunal Rules

Part 3 - Access to Tribunal Records

13. Access to, and use of, information

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1)Any person, upon payment of the prescribed fee, may inspect or copy any record of the Tribunal's proceedings—
a)if it is not confidential information; or
b)if it is confidential information, to the extent permitted and subject to any conditions imposed, by
i)this Rule; or
ii)an order of the Tribunal, or the Court.

 

2)In addition to the provisions of sub-rule (1) the Tribunal may release confidential information to, or permit access to it by, only the following persons:
a)the person who provided that information to the Tribunal, or the Commission, as the case may be;
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); or
e)The Minister, if the information concerns a merger.

 

3)When the Tribunal supplies any information to the Minister, the registrar must identify to the Minister any information included in its submission—
a)in respect of which a claim has been made in terms of Rule 12(1) that has not yet been determined by the Tribunal; or
b)that has been finally determined to be confidential information.