To claim confidentiality over information that is submitted to the Commission, the merging parties must complete the Form CC 7 – confidentiality claim, which is available on the Commission’s website. Practitioners should note that in terms of the instructions on the Form CC7 you need to create a table (from column 1 to 5) indicating which information is confidential, why it is considered confidential information, which persons are restricted to access it, etc.
The Commission may refer to the Tribunal to determine if the information is confidential in terms of the Act. Parties will be notified if there is a referral. Until the Tribunal makes a decision the information will be treated as confidential in terms of the Commission’s Rules and Procedures. Confidential information will include trade, business industrial information that belongs to a firm, has a particular economic value as is generally not available or know to others. The Commission suggests that a company’s shareholders and area of business is not confidential whilst sales figures, supply agreements and strategic documents including, inter alia, marketing plans and board minutes will be confidential. An example of a completed table is provided on the next page.
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|Document||Page and Line No.||Firm||Economic Value||Restrictions on the Information|
|Letter from Company A to the Commission, dated 02 January 2009||Pg3, response to question 1(e)||Company A||This is commercially sensitive information which is not in the public domain and which is private and confidential.||This information is only accessible to Company A’s senior management and directors.|