With a view to mitigate lengthy legal proceedings on account of confidentiality claims<\/a> involved in antitrust cases, the Competition Commission of India<\/a> (CCI<\/a>) has proposed amendments to its confidentiality regulations<\/a> including the creation of ‘confidentiality rings<\/a>’. 为了减轻冗长的法律程序的保密声明参与反垄断的情况下,印度竞争委员会(CCI)提出了修改保密规定包括创建的机密性环”。
Such litigation put the CCI’s investigations in limbo, defeating the purpose of ensuring swift market correction, the regulator said in its proposal of the draft regulations released on Tuesday.
While the CCI may grant confidentiality to an informant or any information provided by parties to antitrust cases, the parties are permitted to request disclosure of such information in order to prepare a legal defence.
The CCI in turn is also mandated to be guided by the principles of natural justice which imply that a defending party would need to be aware of the information held against it.
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Apart from this conflict, parties frequently file writ petitions against denial of confidentiality claims or denial of disclosure of confidential information.
To address this issue, a confidentiality ring would comprise internal and external authorised representatives of the parties to review the entire case records in an unredacted form, subject to appropriate undertakings against disclosure, the CCI proposal said.
While external representatives could mean lawyers hired to represent the parties before the regulator, internal representatives would have to be from commercially non-operational streams, according to the draft regulations.
“The confidentiality ring would give parties access to materials they need to create a much more comprehensive defence. It can definitely cut the delays that have taken place in the past,” said Kanika Chaudhary Nayar, partner at law firm L&L Partners.
According to Abhishek Baghel, associate partner at DSK Legal, the move would result in hasty disposal of writ petitions involving confidentiality matters.
“The CCI intends to dilute the writ remedy as even if a party goes to the High Court stating that its confidentiality concerns have not been addressed, the CCI can argue that the confidentiality ring has already taken care of those concerns,” Baghel said.
Further, the competition watchdog proposed a tweak to the regulations to put the onus of justifying claims for confidentiality on the parties through self-certification.
This would include an undertaking from a company secretary or authorised officer of the firm to state the extent to which the information is known to outside public, measures taken to guard the secrecy of the information and the ease or difficulty with which the information could be acquired or duplicated.
Additionally, representatives of the confidentiality ring would be liable to penal action under the Competition Act<\/a>, for breach of undertakings or submitting incorrect information while claiming confidentiality on self-certification basis, the CCI said.
The draft regulations also provided for setting up a confidentiality ring at the level of the office of the Director General (DG), which conducts investigations on behalf of the commission.
Experts felt there was clarity needed on the kind of penalty authorised representatives could face in the breach of any undertakings and whether the draft regulations implied that parties could inspect records while the DG’s investigation was ongoing.
“Up until now, one could ask for inspection of records only post the filing of the DGs report before the commission but the draft regulations say that a similar confidentiality ring may be set up at the level of the DG,” Nayar said, adding, “This could lead to ambiguities regarding when one could inspect the confidential records and may need to be made more explicit in the amended regulations.”
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这样的诉讼在地狱把CCI的调查,击败确保迅速市场调整的目的,监管机构在周二发布的条例草案的建议。
虽然CCI可能授予一位告密者或任何保密信息提供方的反垄断情况下,当事人可以请求披露这些信息为了准备一个法律辩护。
除了这种冲突,双方经常文件文书请愿反对保密声明否认或拒绝披露机密信息。
为了解决这个问题,保密环将包含内部和外部各方的授权代表审查整个案件记录在一个为编辑形式,对信息披露受到适当的事业,CCI提议说。
而外部代表可能意味着聘请的律师代表当事人在监管机构之前,必须从内部代表商业非经营性流,根据条例草案。
“保密戒指会给方提供材料他们需要创建一个更全面的防御。它一定可以减少延误发生在过去,“Kanika Chaudhary纳亚尔说,律师事务所合伙人L&L合作伙伴。
副合伙人根据阿布Baghel卡恩的法律,此举将导致草率处置文书请愿书涉及保密事项。
“CCI打算稀释令状的补救措施,即使一方去最高法院声称其保密问题尚未解决,CCI可以认为保密环已经照顾这些担忧,“Baghel说。
此外,竞争监管机构提出了调整到规定的责任证明申请保密对当事人通过自我认证。
这将包括一个任务从一个公司秘书或公司授权官状态的程度公共外的已知信息,采取措施来保护信息的保密和缓解或困难的信息可能会被收购或复制。
此外,保密的代表环将责任惩罚性行动下竞争法,因违反事业或提交错误信息而自我认证的基础上要求保密,CCI说。
条例草案还规定设置保密环在总经理办公室(DG),代表委员会进行调查。
专家认为需要有明确的处罚违反授权代表可能面临的任何事业,条例草案暗示党能否检查记录而DG的调查还在进行中。
“直到现在,只能要求检查记录发布之前DGs的申请报告委员会,但条例草案说,类似的保密环可能是设置在总干事,“纳亚尔说,补充道,“这可能会导致歧义关于当一个可以检查机密记录和修改可能需要更明确的规定。”
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With a view to mitigate lengthy legal proceedings on account of confidentiality claims<\/a> involved in antitrust cases, the Competition Commission of India<\/a> (CCI<\/a>) has proposed amendments to its confidentiality regulations<\/a> including the creation of ‘confidentiality rings<\/a>’.
Such litigation put the CCI’s investigations in limbo, defeating the purpose of ensuring swift market correction, the regulator said in its proposal of the draft regulations released on Tuesday.
While the CCI may grant confidentiality to an informant or any information provided by parties to antitrust cases, the parties are permitted to request disclosure of such information in order to prepare a legal defence.
The CCI in turn is also mandated to be guided by the principles of natural justice which imply that a defending party would need to be aware of the information held against it.
Apart from this conflict, parties frequently file writ petitions against denial of confidentiality claims or denial of disclosure of confidential information.
To address this issue, a confidentiality ring would comprise internal and external authorised representatives of the parties to review the entire case records in an unredacted form, subject to appropriate undertakings against disclosure, the CCI proposal said.
While external representatives could mean lawyers hired to represent the parties before the regulator, internal representatives would have to be from commercially non-operational streams, according to the draft regulations.
“The confidentiality ring would give parties access to materials they need to create a much more comprehensive defence. It can definitely cut the delays that have taken place in the past,” said Kanika Chaudhary Nayar, partner at law firm L&L Partners.
According to Abhishek Baghel, associate partner at DSK Legal, the move would result in hasty disposal of writ petitions involving confidentiality matters.
“The CCI intends to dilute the writ remedy as even if a party goes to the High Court stating that its confidentiality concerns have not been addressed, the CCI can argue that the confidentiality ring has already taken care of those concerns,” Baghel said.
Further, the competition watchdog proposed a tweak to the regulations to put the onus of justifying claims for confidentiality on the parties through self-certification.
This would include an undertaking from a company secretary or authorised officer of the firm to state the extent to which the information is known to outside public, measures taken to guard the secrecy of the information and the ease or difficulty with which the information could be acquired or duplicated.
Additionally, representatives of the confidentiality ring would be liable to penal action under the Competition Act<\/a>, for breach of undertakings or submitting incorrect information while claiming confidentiality on self-certification basis, the CCI said.
The draft regulations also provided for setting up a confidentiality ring at the level of the office of the Director General (DG), which conducts investigations on behalf of the commission.
Experts felt there was clarity needed on the kind of penalty authorised representatives could face in the breach of any undertakings and whether the draft regulations implied that parties could inspect records while the DG’s investigation was ongoing.
“Up until now, one could ask for inspection of records only post the filing of the DGs report before the commission but the draft regulations say that a similar confidentiality ring may be set up at the level of the DG,” Nayar said, adding, “This could lead to ambiguities regarding when one could inspect the confidential records and may need to be made more explicit in the amended regulations.”
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