Article 13 of the Saudi Competition Law

This article contains two important safeguards for establishments that deal with the Authority:

1. Confidentiality of information

Board members and the Authority's staff must keep confidential the information, records, data, files and documents they obtain from establishments during the gathering of evidence or investigations. They may not be handed over to other parties except with the Authority's approval. The text does not ban handing them over absolutely, but ties it to the Authority's approval.

2. Preventing conflicts of interest in deliberations

The Chairman, the Governor or a member may not view or take part in a deliberation concerning a case or matter in any of the following cases:

• If they have an interest or a connection in it.
• If there is a relationship by blood or marriage between them and one of the parties.
• If they previously represented one of the persons concerned.

The Regulations set out the necessary controls for this, so the Law does not specify, for example, the degree of kinship.

This article complements Article 12, which prohibits the Authority and Board members from carrying on commercial business except members chosen in their personal capacity, and bars the Authority's staff from practicing any profession that conflicts with its work. It is also linked to Article 14, which regulates decisions on inquiry, gathering of evidence and investigation, the stages in which the Authority obtains information from establishments.

An establishment concerned about the confidentiality of its data during an investigation can consult a lawyer specialized in competition and commercial cases.