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Section 70: Disclosure of information

Competition Act · PART IX: MISCELLANEOUS

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

70. Disclosure of information (1) No Commissioner, nor the Executive Director or any other staff of the Commission shall— (a) disclose any information relating to the affairs of the Commission, any particular business or the affairs of an individual, which he has obtained under or by virtue of any of the provisions of the Act, unless such disclosure is made— (i) with the written authorisation of the person carrying on the business or the individual, from whom the information was obtained; (ii) for the purpose of the administration or enforcement of this Act; (iii) in connection with the investigation of any criminal offence; (iv) for the purpose of responding to a request made by a foreign or multinational competition authority for the production of information in circumstances where Mauritius is a party to an international agreement providing for the production or exchange of such information; (v) in compliance with the requirements of any Court or the provisions of any other enactment; (b) use, for his own personal benefit or for the benefit of any other person, or make use of any information, whether directly or indirectly, which has been obtained by him under or by virtue of any of the provisions of this Act. (2) Any person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200,000 rupees and to imprisonment for a term not exceeding 5 years. (S. 70 came into operation on 25 November 2009.)

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