The Competition Commission of India vide notification dated 8th April, 2022 has issued Competition Commission of India (General) Amendment Regulations, 2022. The amendment provides that the Commission shall maintain confidentiality of the identity of an Informant on a request made to it in writing.
A party seeking confidentiality over the information or the documents furnished by it shall set out cogent reasons for such treatment and shall self-certify that making the document or documents or information or a part or parts thereof public will result in disclosure of trade secrets or destruction or appreciable diminution of the commercial value of any information or can be reasonably expected to cause serious injury.
Further, the party shall confirm the following, along with the date on which such confidential treatment shall expire, on self-certification basis:
(a) that the information is not available in the public domain;
(b) that the information is known only to limited employees, suppliers, distributors and others
involved in the party’s business;
(c) that adequate measures have been taken by the party to guard the secrecy of the information;
(d) that the information cannot be acquired or duplicated by others.
