8.—(1) If the applicant considers any part of the information in Form 1, Form M1, Form 2, Form M2 or any document or correspondence to be submitted by the applicant to the Commission to be confidential information, the applicant shall, at the time of submitting that form, document or correspondence, submit to the Commission —| (a) | a confidential version of that form, document or correspondence, containing and clearly identifying the confidential information; | | (b) | a non-confidential version of that form, document or correspondence, in which the confidential information has been removed in the manner specified by the Commission; and | | (c) | a written statement explaining why the information is confidential information. |
| (2) The Commission may dispense with the obligation to submit a non-confidential version of any form, document or correspondence if it considers that such version is unnecessary for the examination of the agreement, the consideration of the conduct, or the consideration of the anticipated merger or merger, which is the subject of the application. |
(3) The Commission may at any time give notice to the applicant —| (a) | requiring the applicant to revise any non-confidential version of any form, document or correspondence submitted under paragraph (1)(b) so as to include any information which has been removed; and | | (b) | specifying such time limit as the Commission considers appropriate for the revised non-confidential version of the form, document or correspondence to be submitted to the Commission. |
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| (4) The acceptance by the Commission of the non-confidential version of any form, document or correspondence submitted under paragraph (1)(b) shall not prejudice the Commission’s ability to issue a notice under paragraph (3) at a later point in time, where the Commission deems that disclosure of any information omitted from the non-confidential version is necessary. |
| (5) If, in respect of Form 1 or Form M1, the applicant identifies any information therein to be confidential information but does not provide the Commission with a non-confidential version of the form or the written statement referred to in paragraph (1) at the time he submits Form 1 or Form M1, as the case may be, or before the end of such further period, if any, as the Commission considers appropriate, the application shall be deemed not to have been made and the notification for the purpose of section 43, 44, 50, 51, 57 or 58 of the Act, as the case may be, shall be deemed not to have been given. |
(6) If —| (a) | in respect of Form 2 or Form M2 or any document or correspondence submitted by the applicant to the Commission, the applicant identifies any information therein to be confidential information but does not provide the Commission with a non-confidential version of the form, document or correspondence, or the written statement, referred to in paragraph (1) at the time he submits Form 2 or Form M2, the document or the correspondence, as the case may be, or before the end of such further period, if any, as the Commission considers appropriate; or | | (b) | the Commission does not receive the revised non-confidential version of any form, document or correspondence referred to in paragraph (3)(a) before the end of the time limit referred to in paragraph (3)(b) or of such further period, if any, as the Commission considers appropriate, |
| the Commission may determine the application by not giving guidance or a decision. |
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| (7) For the avoidance of doubt, nothing in this regulation shall be construed as preventing the Commission from having regard to any information which is, or any document containing information which is, confidential information, or any part thereof, in its determination of any application. |
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