Competition Regulations, 2020 · s 21

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21.
Information to be treated as confidential
(1) Where a person submitting any information or document to the
Commission considers the information or, in the case of a document, any of the information contained therein, as confidential information under section 70(1)(b), that person shall, at the time of submitting the information or document -
71
(a)
in the case of such information, identify to the Commission the confidential information and provide a written statement explaining why the information is confidential information; and
(b)
in the case of such document, provide -
(i)
a confidential version of the document containing and clearly identifying the confidential information;
(ii)
a non-confidential version of the document, in which the confidential information has been removed in the manner specified by the
Commission; and
(iii)
a written statement explaining why the information is confidential information.
(2) Where a person has identified any information he is submitting to the
Commission as being confidential information, or any document he is submitting to the
Commission as containing confidential information, but the person does not provide the
Commission with the written statement referred to in sub-regulation (l)(a) or (b)(iii), as the case may be, the Commission may give notice to the person submitting the information or document to provide such written statement within such time limit as the Commission considers appropriate.
(3) Where a written statement has been given to the Commission to explain why any information submitted to the
Commission is confidential information, the
Commission may, in its discretion, give notice to the person submitting the information or document to provide written clarification of the written statement within such time limit as the Commission considers appropriate.
(4) Where the person submitting the information or document fails to provide the
Commission with the written statement referred in sub-regulation (l)(a) or (b)(iii) or with the written clarification referred to in sub-regulation (3), as the case may be, within the time limit specified by the Commission, the information submitted shall be treated as not falling within section 70(1)(b).
(5) Where the Commission proposes to disclose information which has been submitted to the Commission and identified as confidential information under section 70(1)(b), the Commission may -
(a)
inform the person who submitted the information or document or the person from whom the information or document originated, of the Commission's proposed action; and
(b)
give that person a reasonable opportunity to make representations to the
Commission on the Commission's proposed action.
(6) For the avoidance of doubt, nothing in this regulation shall be construed as preventing the Commission from having regard to any information which is, or any document containing information which is, confidential information, or any part thereof, in its determination of any matter for which the confidential information is required.
(7) This regulation does not apply in any case where regulation 4, 7 or 9 applies, except as may be provided in such regulation.

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s 21Information to be treated as confidential

(1)

Where a person submitting any information or document to the

Commission considers the information or, in the case of a document, any of the information contained therein, as confidential information under section 70(1)(b), that person shall, at the time of submitting the information or document -

(a)

in the case of such information, identify to the Commission the confidential information and provide a written statement explaining why the information is confidential information; and

(b)

in the case of such document, provide -

(i)

a confidential version of the document containing and clearly identifying the confidential information;

(ii)

a non-confidential version of the document, in which the confidential information has been removed in the manner specified by the

Commission; and

(iii)

a written statement explaining why the information is confidential information.

(2)

Where a person has identified any information he is submitting to the

Commission as being confidential information, or any document he is submitting to the

Commission as containing confidential information, but the person does not provide the

Commission with the written statement referred to in sub-regulation (l)(a) or (b)(iii), as the case may be, the Commission may give notice to the person submitting the information or document to provide such written statement within such time limit as the Commission considers appropriate.

(3)

Where a written statement has been given to the Commission to explain why any information submitted to the

Commission is confidential information, the

Commission may, in its discretion, give notice to the person submitting the information or document to provide written clarification of the written statement within such time limit as the Commission considers appropriate.

(4)

Where the person submitting the information or document fails to provide the

Commission with the written statement referred in sub-regulation (l)(a) or (b)(iii) or with the written clarification referred to in sub-regulation (3), as the case may be, within the time limit specified by the Commission, the information submitted shall be treated as not falling within section 70(1)(b).

(5)

Where the Commission proposes to disclose information which has been submitted to the Commission and identified as confidential information under section 70(1)(b), the Commission may -

(a)

inform the person who submitted the information or document or the person from whom the information or document originated, of the Commission's proposed action; and

(b)

give that person a reasonable opportunity to make representations to the

Commission on the Commission's proposed action.

(6)

For the avoidance of doubt, nothing in this regulation shall be construed as preventing the Commission from having regard to any information which is, or any document containing information which is, confidential information, or any part thereof, in its determination of any matter for which the confidential information is required.

(7)

This regulation does not apply in any case where regulation 4, 7 or 9 applies, except as may be provided in such regulation.