Disclosure etc.E+W
9(1)Before making a report on a reference, giving or sending a notice under paragraph 8(5)(a) or (8) or publishing a notice under paragraph 8(12), the [F1CMA] must have regard to the following considerations.E+W
(2)The first consideration is the need to exclude from disclosure (so far as practicable) any information the disclosure of which the [F2CMA] considers is contrary to the public interest.
(3)The second consideration is the need to exclude from disclosure (so far as practicable)—
(a)commercial information the disclosure of which the [F2CMA] considers would or might significantly harm the legitimate business interests of the undertaking to which it relates, or
(b)information relating to the private affairs of an individual whose disclosure the [F2CMA] considers would or might significantly harm the individual's interests.
(4)The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (3)(a) or (b) is necessary for the purposes of the report.
(5)For the purposes of the law relating to defamation, absolute privilege attaches to the report or notice.
Textual Amendments
F1Word in Sch. 10 para. 9(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 138(11)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in Sch. 10 para. 9(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 138(11)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1Sch. 10 para. 9 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)