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bruneilawsby aturio
In force2022 Revised Edition
Contents

Chapter 4

28. Interim measures in relation to notifications of anticipated mergers and mergers

(1)

If, in respect of an application under section 26 or 27, the

Commission has reasonable grounds for suspecting that —

(a)

the section 23 prohibition will be infringed by an anticipated merger, if carried into effect; or

(b)

the section 23 prohibition has been infringed by a merger, but has not completed its consideration of the matter, and the Commission considers that it is necessary for it to act under this section —

(i)

for the purpose of preventing any action that may prejudice —

(A)

the consideration of the anticipated merger or merger; or

(B)

the giving of any direction under section 42; or

(ii)

as a matter of urgency for the purpose —

(A)

of preventing serious, irreparable damage to a particular person or category of persons; or

(B)

of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose.

(2)

Before giving a direction under this section, the Commission shall —

(a)

give written notice to the person to whom it proposes to give the direction; and

(b)

give that person an opportunity to make representations.

Competition

(3)

A notice under subsection (2) shall indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.

(4)

A direction given under this section shall have effect while subsection (1) applies, but may be replaced if the circumstances permit by a direction under section 42.

(5)

Sections 42(2)(c)(i) and (d)(i) and 46 shall also apply to directions given under this section.

Report

Read on from s 29

Chapter 5

Read on from Chapter 5

Chapter 6

Read on from Chapter 6

Part

Offences

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Part

Competition Appeal Tribunal

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Part

General

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Schedules