Competition Act · 2022 Revised Edition · Chapter 5
31. Commitments
Official textFrom Attorney General's Chambers, unchanged
The Commission may, at any time before making a decision pursuant to an application under section 26 or 27 or an investigation under section 35(1)(c) or (d) as to whether —
the section 23 prohibition will be infringed by an anticipated merger, if carried into effect; or
the section 23 prohibition has been infringed by a merger, accept from such person as it thinks appropriate, a commitment to take or refrain from taking such action as it considers appropriate for the purpose of remedying, mitigating or preventing the substantial lessening of competition or any adverse effect which —
may be expected to result from the anticipated merger, if carried into effect; or
has resulted or may be expected to result from the merger.
A commitment shall come into force on the date specified by the
Commission when it is accepted.
Competition
The Commission may, at any time when a commitment is in force, accept —
a variation of the commitment; or
another commitment in substitution, for the purpose referred to in subsection (1).
A commitment may be released by the Commission where it has reasonable grounds for believing that the commitment is no longer necessary or appropriate for the purpose referred to in subsection (1).
Before accepting, varying, substituting or releasing a commitment, the Commission shall, except in exceptional circumstances, consult with such person as it thinks appropriate.
Terms defined in s 2
anticipated merger
Defined · s 2“anticipated merger” means an arrangement that is in progress or contemplation and that, if carried into effect, will result in the occurrence of a merger referred to in section 23(2);
section 23 prohibition
Defined · s 2“section 23 prohibition” means the prohibition referred to in section 23(1);
Chapter 6
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Offences
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Competition Appeal Tribunal
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