Remedies for breach of confidentiality by competition regulator
UKO
(Querist) 13 September 2011
This query is : Resolved
Dear Sirs/Madams,
As per Competition regulations 2009 one can claim confidentiality on documents; my query is that what kind of remedies will be available in general and particular law both to an aggrieved party if its confidentiality is violated by the regulators most importantly the director general under his powers under section 41 of the act?
Any general law remedies shall also be welcome. Many thanks in advance.
Regards
prabhakar singh
(Expert) 14 September 2011
If regulation s. 35 was invoked by you???
The said regulations themselves do not provide any remedy nor they do provide any immunity or protection clauses for acts done bonafidely,if text of Competition Act 2002 also does not provide any immunity[i could not trace it on net],then wrong complained off by you not arising out of any contract,the remedy lies either in TORT or in WRIT or in both is my opinion.
CAUTION!
$$But before proceeding one must check if Competition Act 2002 also does not provide any immunity,$$
girish shringi
(Expert) 14 September 2011
Mr. Singh has rightly described the query response.
Further you need to explain whole case to come to the conclusion,and applicability of Law
