Competition Act · 2022 Revised Edition · Chapter 5
32. Effect of commitments
Official textFrom Attorney General's Chambers, unchanged
Where the Commission has accepted a commitment under section 31, and subject to subsection (2), the Commission shall make a decision that —
the section 23 prohibition will not be infringed by an anticipated merger, if carried into effect; or
the section 23 prohibition has not been infringed by a merger, as the case may be.
Nothing in subsection (1) shall prevent the Commission from revoking the decision already made, commencing or continuing any investigation, or making a decision or giving a direction, where —
it has reasonable grounds for suspecting that any information on the basis of which it accepted a commitment was incomplete, false or misleading in a material particular; or
it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment.
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If the Commission revokes a decision referred to in subsection (1), the commitment shall be treated, unless otherwise stated, as released from the date of that revocation.
The Commission may review the effectiveness of commitments it has accepted under section 31 in such circumstances as it considers 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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