I beg to move amendment No. 288, in page 74, line 7, at end insert—

`(4A) In performing any function pursuant to subsections (1), (2) or (3) to publish the result of any action taken by that person, the person shall not disclose any information which might significantly harm the legitimate business interests of another.'.

Clause 103 and the clauses that surround it obviously contain some important safeguards on publicity requirements. Clause 103 contains a list of the matters that need to be published by the Competition Commission, the OFT or the Secretary of State in making a merger reference. We have obviously been in touch with the Confederation of British Industry, which suggested such an amendment. Under clause 103(4), in respect of substantive publications, the authority in question needs to publish its reasons for the action or decision concerned. As a result, on occasion confidential information may be put into play.

We can all appreciate that it is an integral part of the entire process that on occasion there will be confidential information that must remain in confidence under all circumstances. As a result, the amendment simply ties in with clause 231, which effectively states that there should be a specific obligation to ensure that confidential information is protected. We are therefore using wording that is akin to that which appears later in the Bill. We felt that we should replicate that wording by using the phrase

"significantly harm the legitimate business interests".