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The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001
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Confidential third party informationU.K.
19.—(1) If a person gives information to the Director in connection with the exercise of any of the Director’s functions under the Regulations, in relation to an agreement to which that person is not a party, or in relation to conduct in which that person has not engaged, and that person considers that the Director would find any part of the information to be confidential, in the sense given to that word by sub-paragraph (1)(c) of rule 21 below, he shall set out that part of the information in a separate annex marked “confidential information” and provide a written explanation as to why he considers that the Director should treat it as such.
(2) The Director shall, if he proposes to disclose, in connection with the exercise of any of his functions under the Regulations, any of the information contained in an annex provided in accordance with paragraph (1) above, give the person who provided the information:
(a)written notice of his proposed action; and
(b)a reasonable opportunity to make representations to him,
if it is reasonably practicable for him to do so.
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