South Africa: Competition Commission opened consultation on draft guidelines on handling of confidential information under Competition Act

On 3 February 2025, the South African Competition Commission opened a public consultation on draft guidelines on the handling of confidential information under the Competition Act 89 of 1998 until 3 March 2025. These guidelines aim to provide clarity and guidance on the process for claiming information as confidential and the Commission's approach to handling such information. They are intended to assist various stakeholders, including merger parties, complainants, respondents, market inquiry applicants, exemption applicants, and third parties, in understanding the Commission's policies and procedures regarding confidential information. The guidelines outline how to effectively claim confidentiality, how the Commission will assess such claims, the regimes of access to confidential information, and the rights of claimants to challenge the Commission's decisions on confidentiality and access. Additionally, they detail the legal principles applicable to applications for access to confidential information.