Bridon International GMBH v International Trade Administration Commission and Others

Anti-dumping duties on steel wire ropes imported from Germany were subject to a sunset review by the International Trade Administration Commission under the International Trade Administration Act 71 of 2002. During the investigation, Bridon International GMBH submitted extensive commercially sensitive and confidential information. The Commission relied on that information when recommending the continuation and increase of duties against another exporter, Casar Drahtseiwerk Saar GMBH, while recommending no duties against Bridon. Casar instituted review proceedings against the Commission’s recommendation and the Minister’s decision implementing it. In terms of Uniform Rule 53, the Commission was required to produce the record of decision-making but refused to disclose confidential information supplied by Bridon without a court order. Casar brought an interlocutory application seeking access to the relevant confidential portions of the record under a strict confidentiality regime. The High Court granted access subject to such a regime. Bridon appealed to the Supreme Court of Appeal, contending that the confidentiality protections were inadequate and that its confidential information should not be disclosed.

The appeal was dismissed. Bridon International GMBH was ordered to pay the costs of the fourth respondent, Casar Drahtseiwerk Saar GMBH.

The case clarifies that section 35 of the International Trade Administration Act governs access to confidential information even in judicial review proceedings and that courts may order limited disclosure under protective confidentiality regimes. It is significant for balancing procedural fairness in administrative review against the protection of commercially sensitive information in anti-dumping investigations, and for confirming the compatibility of South African law with international trade obligations.