The Immunity Applicant Witnesses sought a declaration of informer privilege in an ongoing Competition Act inquiry into alleged price-fixing.
The Commissioner of Competition opposed, arguing that applying informer privilege would compromise the operation of the Immunity Program.
The court found that informer privilege attached to the witnesses from the outset of their participation in the Immunity Program due to broad confidentiality assurances.
However, the court also concluded that the witnesses had made a clear, express, and informed future waiver of this privilege, effective only if and when they are called to testify at a trial.
The application for informer privilege was granted, but with the condition of future waiver for trial testimony.
