Commenting on extant Confidentiality Regime extended by one month: CCI

Public comments invited to review of the extant Confidentiality Regime as provided in Regulation 35 of the Competition Commission of India (General) Regulations, 2009 extended by one month due to COVID-19 pandemic

Reference to the Press Release issued on 13.04.2021 by the Competition Commission of India (CCI) on "Review of the extant Confidentiality Regime as provided in Regulation 35 of the Competition Commission of India (General) Regulations, 2009" whereby a detailed draft proposal for introducing setting up of a Confidentiality Ring was put on the website of the Commission (www.cci.gov.in )for public consultation alongwith a draft of the revised Regulation 35 of the General Regulations; the Comments were invited from the public by May 12, 2021.

In this regard, all concerned may note that having considered the requests made by various stakeholders for extension of time due to the difficulties arising in the wake of COVID-19, the Commission has extended the time for submission of comments from the public by one month. Accordingly, the comments may now be e-mailed to atdregistry@cci.gov.in by June 12, 2021.

Based on the competition law, there is a statutory restriction on disclosure of certain information during a proceeding in order to maintain sanctity of the information relating to any enterprise.

According to CCI "this would obviate the need for determination of confidentiality claims and the consequent appeals arising therefrom and would result in swifter disposal of inquiries."

"Such a mechanism would enable all the parties to have access to all the relevant documents and at the same time, would also ensure that the business sensitive or commercially sensitive information is protected against disclosure to any unauthorised person which may include officials and/ or employees of their competitors... or any other person whatsoever," as per the regulator.

Press Information Bureau

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