Use of settlement information may be relied upon in subsequent competition proceedings, including against non settling parties. Regulation 12 permits the Commission and the Director General to rely on information and documents submitted by a Settlement Applicant where a settlement order is revoked and withdrawn, and to use information from other sources where a settlement application is rejected or withdrawn. Subject to general disclosure and confidentiality rules, the Commission may use settlement-submitted information against non settling parties. Facts established or admitted against a Settlement Applicant in domestic or foreign proceedings on the same cause of action are deemed admissions for the proceedings proposed to be closed under these regulations.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Use of settlement information may be relied upon in subsequent competition proceedings, including against non settling parties.
Regulation 12 permits the Commission and the Director General to rely on information and documents submitted by a Settlement Applicant where a settlement order is revoked and withdrawn, and to use information from other sources where a settlement application is rejected or withdrawn. Subject to general disclosure and confidentiality rules, the Commission may use settlement-submitted information against non settling parties. Facts established or admitted against a Settlement Applicant in domestic or foreign proceedings on the same cause of action are deemed admissions for the proceedings proposed to be closed under these regulations.
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