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The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001

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General restrictions on disclosure of information

29.—(1) No information which—

(a)has been obtained under or as a result of any provision of these Regulations, and

(b)relates to the affairs of any individual or to any particular business of an undertaking, is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in paragraph (2) is satisfied.

(2) The condition is that consent to the disclosure has been obtained from—

(a)the person from whom the information was initially obtained under or as a result of any provision of these Regulations (if the identity of that person is known); and

(b)if different—

(i)the individual to whose affairs the information relates, or

(ii)the person for the time being carrying on the business to which the information relates.

(3) Paragraph (1) does not apply to a disclosure of information—

(a)made for the purpose of—

(i)facilitating the performance of any functions of the Director, the Civil Aviation Authority, the Competition Commission, or the Secretary of State under these Regulations, or the Fair Trading Act 1973(1), or the Competition Act 1980(2), or the Civil Aviation Act 1982(3), or the Airports Act 1986(4); or the Licensing of Air Carriers Regulations 1992(5), or Part IV of the Airports (Northern Ireland) Order 1994(6), or Part I of the Transport Act 2000(7)or the Act;

(ii)facilitating the performance of any functions of the European Commission in respect of Community law about competition;

(iii)facilitating the performance by the Comptroller and Auditor General of any of his functions;

(iv)criminal proceedings in any part of the United Kingdom;

(b)made with a view to the institution of, or otherwise for the purposes of, civil proceedings brought under or in connection with these Regulations;

(c)made in connection with the investigation of any criminal offence triable in the United Kingdom or in any part of the United Kingdom; or

(d)which is required to meet a Community obligation.

(4) If information is disclosed to the public in circumstances in which the disclosure does not contravene paragraph (1), that paragraph does not prevent its further disclosure by any person.

(5) A person who contravenes this regulation is guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

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