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COMPETITION ORDINANCE
Ord. No. 14 of 2012
A1467
(b) if the information relates to the affairs of a natural person, the consent of that person;
(c) if the information relates to the activities of an undertaking, the consent of that undertaking, and that consent may be given—
(i) if the undertaking is a company, by a director or company secretary of the company;
(ii) if the undertaking is a partnership, by a partner; or
(iii) if the undertaking is an unincorporated body (other than a partnership), by a person concerned in the management or control of the body.

(3) In deciding whether or not to disclose confidential information, where disclosure is lawful under subsection (1)(b), the specified person must consider and have regard to—

(a) the need to exclude as far as is practical, from such disclosure—
(i) information the disclosure of which would, in the opinion of the specified person, be contrary to public interest;
(ii) commercial information the disclosure of which would or might be likely to, in the opinion of the specified person, significantly harm the legitimate business interests of the person to whom it relates; and
(iii) information relating to the private affairs of a natural person, the disclosure of which might (in the opinion of the specified person) significantly harm the interest of that person; and
(b) the extent to which the disclosure is necessary for the purpose sought to be achieved by the disclosure.

127. Notice of proposed disclosure

(1) If the disclosure of confidential information is lawful by virtue of section 126(1)(a), a specified person must, before disclosing any such information—

(a) give notice of the proposed disclosure to—
(i) the person who provided the information to the Commission; and
(ii) any person who is, in the opinion of the specified person, likely to be affected by the disclosure; and
(b) consider any representations that are made about the proposed disclosure.

(2) A notice under subsection (1) must—

(a) give a description of the information (having due regard to the requirements of confidentiality) that the specified person proposes to disclose;