South Africa Competition Act 89 of 1998 44-45A: Confidential information: claim it in the prescribed form and respect the restricted-use rules

What does 44-45A require?

A person submitting information to the Commission or Tribunal may identify information it claims is confidential, but each claim needs a prescribed-form written statement giving the reasons; the Commission, Tribunal and Minister must then treat the information as confidential until a final determination (section 44(1) and (2)). The Commission may determine the claim after notice and representations, with referral to the Tribunal and appeal to the Competition Appeal Court (section 44(3) to (8)). Others may apply to the Tribunal for access (section 45(1)); the Minister, other relevant Ministers and sector regulators may see a firm's confidential information for the purposes of the Act only (section 45(3)). Where the Commission's reasons would reveal confidential information it must give the party ten business days' notice of the proposed reasons so it can seek a protective order (section 45A).