Page:Competition Act 2004.pdf/66

66 (6) If the Commission is considering whether to disclose any information under subsection (5)(b)(ii), the Commission shall have regard to—
 * (a) the need for excluding, so far as is practicable, information the disclosure of which would in its opinion be contrary to the public interest;
 * (b) the need for excluding, so far as is practicable—
 * (i) commercial information the disclosure of which would, or might, in its opinion, significantly harm the legitimate business interests of the undertaking to which it relates; or
 * (ii) information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interest; and
 * (c) the extent to which the disclosure is necessary for the purposes for which the Commission is proposing to make the disclosure.

(7) The conditions referred to in subsection (5)(b)(iv) are—
 * (a) the information or documents requested by the foreign country are available to the Commission;
 * (b) unless the Government otherwise allows, the foreign country undertakes to keep the information given confidential at all times; and
 * (c) the disclosure of the information is not likely to be contrary to the public interest.

(8) In this section, “specified person” means a person who is or has been—
 * (a) a member, an officer, an employee or an agent of the Commission;
 * (b) a member of a committee of the Commission or any person authorised, appointed or employed to assist the Commission;
 * (c) an inspector or a person authorised, appointed or employed to assist an inspector; or
 * (d) a member of the Board or any person authorised, appointed or employed to assist the Board.