Page:Competition Act 2004.pdf/65

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COMPETITION
65


(c) all matters relating to the identity of persons furnishing information to the Commission,

that may come to his knowledge in the performance of his functions and discharge of his duties under this Act and shall not communicate any such matter to any person, except insofar as such communication—

(i) is necessary for the performance of any such function or discharge of any such duty; or
(ii) is lawfully required by any court or the Board, or lawfully required or permitted under this Act or any other written law.

(2) Any person who fails to comply with subsection (1) shall be guilty of an offence.

(3) Any person, when furnishing any information to the Commission, may identify information that he claims to be confidential information.

(4) Every claim made under subsection (3) shall be supported by a written statement giving reasons why the information is confidential.

(5) Notwithstanding subsection (1), the Commission may disclose any information relating to any matter referred to in subsection (1) in any of the following circumstances:

(a) where the consent of the person to whom the information relates has been obtained; or
(b) for the purposes of—
(i) a prosecution under this Act;
(ii) subject to subsection (6), enabling the Commission to give effect to any provision of this Act;
(iii) enabling the Commission, an investigating officer or an inspector to investigate a suspected offence under this Act or to enforce a provision thereof; or
(iv) complying with such provision of an agreement between Singapore and a country or territory outside Singapore (referred to in this section as a foreign country) as may be prescribed, where the conditions specified in subsection (7) are satisfied.