Page:Competition Act 2004.pdf/64

64 :(a) furnish to the other party information in its possession if the information is required by that other party for the purpose of performance by it of any of its functions; and
 * (b) provide such other assistance to the other party as will facilitate the performance by that other party of any of its functions.

(2) The Commission shall not furnish any information to a foreign competition body pursuant to such arrangements unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, including terms that correspond to the provisions of any other written law concerning the disclosure of that information by the Commission.

(3) The Commission may give an undertaking to a foreign competition body that it will comply with terms specified in a requirement made of the Commission by the body to give such an undertaking where—
 * (a) those terms correspond to the provisions of any law in force in the country or territory in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b); and
 * (b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to the arrangements referred to in subsection (1).

(4) In this section, “foreign competition body” means a person in whom there are vested functions under the law of another country or territory with respect to the enforcement or the administration of provisions of law of that country or territory concerning competition between undertakings (whether in a particular sector of the economy of that country or territory or throughout that economy generally).

Preservation of secrecy

89.—(1) Subject to subsection (5), every specified person shall preserve, and aid in the preserving of, secrecy with regard to—
 * (a) all matters relating to the business, commercial or official affairs of any person;
 * (b) all matters that have been identified as confidential under subsection (3); and