This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Protection of Confidential Information and The Competition Authorities – A South African Perspective

Abstract

The management of confidential information is key to maintain active competition between companies in the same market. Protocols for the management of confidential information need to be implemented by within company procedures in addition to the usual contractual undertakings. Protection of confidential information during dealings with competition authorities need to have a similar focussed approach. As a consequence of investigations and due procedure, sensitive and confidential information is disclosed to the competition authorities. Recent changes to the Competition Act may have implications for foreign investment in South Africa, as the risk of exposure of confidential information has now changed. It is incumbent on the holder of the confidential information to take the required steps to ensure confidential information is protected, even before any interaction with the competition authorities. This paper deals with the protection given to confidential information under the Act, and the circumstances in which access to a company’s confidential information may be exposed to a competitor.

Read Paper

Author

Portrait image of Nordely  Wright
Nordely Wright
Product Developer- Plant and Soil Health, Oro Agri Sa (Pty)., South Africa

Nordely Wright is a Product Developer at Oro Agri SA (Pty) Ltd. She holds a MSc Agric in Soil Science and often assists with technical review and also patent prosecution matters. She has a passion for IP and recently completed a PG Dip in Intellectual Property Law at Stellenbosch University where she took a specific interest in researching Competition Law.

Company

Oro Agri Sa (Pty). logo

Oro Agri Sa (Pty).

Oro Agri SA (Pty) Ltd. develops and manufactures patented surfactants, pesticides, soil-improvers and foliar feeds for agricultural, home and industrial applications worldwide. Our products have a low impact on the environment, while providing an effective yet residue-free solution to our clients.

Related Papers

Compliance Programs: Step-by-Step Guide to Building and Scaling Effective Programs from Start-Ups to Large Enterprises
Business operates in a world of risks including geopolitical, regulatory, environmental, and macroeconomic. Many of these risks cannot be controlled. On the other hand, “conduct based risk”, or risks stemming...Read more
Portrait image of Gunnar Wieboldt
Gunnar Wieboldt
Former SVP, General Counsel, Vestaron Corporation, USA
Contract Mapping: Taking the Diligence Room and Contract Transparency to the Next Level
Traditional methods of tracking contracts miss the opportunity to provide meaningful context and insight relating to the contracts of the company to management, the board members, auditors, and investors. ...Read more
Portrait image of Gunnar Wieboldt
Gunnar Wieboldt
Former SVP, General Counsel, Vestaron Corporation, USA
India's New Regime of Personal Data Protection - Comprehensive yet Comprehensible…
India unveiled a draft of its Personal Data Protection legislation for public comments in November 2022. The proposed law christened as the Digital Personal Data Protection Bill, 2022 will be...Read more
Portrait image of Dev Bajpai
Dev Bajpai
Wholetime Director & Chief Legal Officer, Hindustan Unilever Limited, India
New Data Protection Bill in India
This article attempts to share key provisions of the Digital Data Protection Bill, 2022 that is set to bring new law on data privacy to life in India. Whilst it...Read more
Portrait image of Kiran Chitale
Kiran Chitale
B.Com, LL.B., FCS, Pune, India, India