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Commission issues draft guidelines on handling of confidential information, calls for comments

11th February 2025

By: Tasneem Bulbulia

Senior Contributing Editor Online

     

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The Competition Commission has issued draft guidelines on its handling of confidential information.

The draft guidelines were published in the Government Gazette on February 7 and are now open for public comment.

The guidelines provide information to external stakeholders such as merger parties, complainants, respondents, market inquiry participants, exemption applicants and informants about the processes applicable to claiming information as confidential.

These also detail how the commission will appraise and treat confidential information submitted to it.

Further, the guidelines clarify how any party claiming confidentiality may do so effectively, how regimes of access to confidential information work, and outline the approach taken by competition authorities to access applications brought by requestors seeking access to confidential information.

The commission has invited the public to submit comments on these draft guidelines by 16:30 on March 7.

Written submissions can be sent via email to MpumiT@compcom.co.za.

All submissions will be reviewed and a final guideline published by the commission in due course, it informs.

The draft guidelines are available on the Commission’s website at https://www.compcom.co.za/wp-content/uploads/2025/02/DRAFT-Confidentiality-Guidelines-for-Public-Comment-07022025.pdf.

The Gazette as published on February 7 contains two clerical errors regarding the applicable return date for public comment and the applicable link provided to the draft guidelines on the Commission’s website.

An erratum, reflecting the abovementioned corrected information, will be published in the Gazette in due course.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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