Section 36: Confidentiality

36. Confidentiality (1) The Investigating Authority shall, upon good cause shown, keep confidential information which— (a) by nature is confidential; (b) if disclosed, would be of significant competitive advantage to a competitor; (c) if disclosed, could have a significant adverse effect upon a person supplying the information or upon a person from whom the supplier acquired the information; (d) were provided on a confidential basis by parties to an investigation. (2) The following types of information shall be deemed to be by nature confidential— (a) business or trade secrets concerning the nature of a product, production processes, operations, production equipment, or machinery; (b) information concerning the financial condition of a company which is not publicly available; (c) information concerning the costs, identification of customers, sales, inventories, shipments, or amount or source of any income, profit, loss or expenditure related to the manufacture and sale of a product. (3) Any person who seeks confidentiality over certain information shall request such treatment at the time the information is submitted, including the reasons as to why confidential treatment is warranted. (4) The Investigating Authority shall consider a request made under subsection (3) expeditiously, and inform the party submitting the information where it determines that the request for confidential treatment is not warranted. (5) Notwithstanding subsection (3) but subject to subsection (6), a person shall furnish non-confidential summary of all information for which confidential treatment is sought. (6) Where a person considers that information for which confidential treatment is sought is not susceptible of any summary, he shall submit a statement of the reasons why a summary is not possible. [Issue 3] T14A – 18 Revised Laws of Mauritius (7) Where the Investigating Authority is not satisfied of the request for a confidential summary, the Investigating Authority shall determine that the request for confidential treatment is not warranted.