CCI notifies revised confidentiality regime under competition law

Competition Commission has notified the revised confidentiality regime under the competition law, which will ensure that commercially sensitive information is protected from being disclosed to an unauthorised person.

In a tweet on Tuesday, Competition Commission of India (CCI) said it has notified the revised confidentiality regime under Regulation 35 of the General Regulations.

Vaibhav Choukse, Partner - Head of Practice - Competition Law - at JSA said the amendment will enable all the parties to have access to all the relevant documents and ensure that business-sensitive or commercially sensitive information is protected against disclosure to any unauthorised person.

"The amendments are of great significance, especially given the need for quicker market corrections in dynamic markets. The introduction of a confidentiality ring would give parties access to materials they need to create a much more comprehensive defence," he said.

According to him, till now, one could ask for inspection of non-confidential records only post the filing of the Director General's (DG) report before CCI.

With the latest amendments, the parties concerned will be able to request for documents relied on in the confidential version of the investigation report of the DG.

"A similar mechanism is also followed in some other matured jurisdictions while dealing with the sharing of confidential information in antitrust cases," Choukse said.

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