Section 21
Confidentiality
Any person who discloses or makes use of any confidential information with respect to a particular enterprise or the affairs of an individual obtained by virtue of any provision of this Act commits an offence.
(2)
Nothing in subsection (1) shall operate to prevent the disclosure of information where—
(a)
the disclosure is made with the consent of the person from whom the information was obtained;
(b)
the disclosure is necessary for the performance of the functions or powers of the Commission;
(c)
the disclosure is reasonably made during any proceedings under this Act provided that such disclosure is not made against any direction by the Commission or the Competition Appeal Tribunal before which the proceedings are taking place;
(d)
the disclosure is made in connection with an investigation of an infringement or an offence under this Act; or
(e)
the disclosure is made with the authorization of the Commission to any competition authority of another country in connection with a request by that country’s competition authority for assistance.
(3)
For the purposes of this section, “confidential information”
means trade, business or industrial information that belongs to any person, that has economic value and is not generally available to or known by others.
Competition 23