The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996

Restrictions on disclosure of information

28.—(1) Subject to paragraphs (2) to (4), no information with respect to any particular business which has been obtained under or by virtue of the provisions of these Regulations shall, so long as that business continues to be carried on, be disclosed without the consent of the person for the time being carrying on that business.

(2) Paragraph (1) does not apply to any disclosure of information which is made —

(a) for the purpose of facilitating the performance of any functions of the Director, the Civil Aviation Authority, the MMC, or the Secretary of State under these Regulations, or the Fair Trading Act 1973(1), or the Restrictive Trade Practices Act 1976(2), or the Resale Prices Act 1976(3), or the Competition Act 1980(4),, or the Civil Aviation Act 1982(5), or the Airports Act 1986(6); or the Licensing of Air Carriers Regulations 1992(7), or Part IV of the Airports (Northern Ireland) Order 1994(8), or

(b) for facilitating the performance by the Commission of its functions under Article 89, or

(c) in pursuance of a Community obligation within the meaning of the European Communities Act 1972.

(3) Paragraph (1) does not apply to any disclosure of information which is made for the purpose of any proceedings before the Restrictive Practices Court or of any other legal proceedings, whether civil or criminal under these Regulations, the 1973 Act or the Restrictive Trade Practices Act 1976.

(4) Nothing in paragraph (1) shall be construed —

(a) as limiting the matters which may be included in, or made public as part of, a report of the MMC; or

(b) as applying to any information which has been made public as part of such a report or of a decision or declaration made by the Secretary of State under these Regulations or as part of an account published with such a decision or declaration.

(5) Any person who discloses any information in contravention of this regulation shall be guilty of an offence and shall be liable —

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

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

(1)

1973 c. 41.

(2)

1976 c. 34.

(3)

1976 c. 53.

(4)

1980 c. 21.

(5)

1982 c. 16.

(6)

1986 c. 31.

(7)

S.I. 1992/2992.

(8)

S.I. 1994/426 (N.I.1).