Competition Act · 2022 Revised Edition · Chapter 6
35. Power to investigate
Official textFrom Attorney General's Chambers, unchanged
The Commission may conduct an investigation if there are reasonable grounds for suspecting that —
the section 11 prohibition has been infringed by any agreement;
the section 21 prohibition has been infringed by any conduct;
the section 23 prohibition will be infringed by any anticipated merger, if carried into effect; or
the section 23 prohibition has been infringed by any merger.
For the purpose of subsection (1), the Commission may appoint an authorised officer to conduct the investigation.
authorised officer
“authorised officer” means an authorised officer appointed under section 7;
Any authorised officer shall have all the powers of investigation and enforcement under this Act.
For the avoidance of doubt, it is declared that for the purposes of this Act, the authorised officer investigating any commission of an offence
Competition under this Act shall have all or any of the powers of a police officer in relation to police investigation in seizable cases as provided for under the
Criminal Procedure Code (Chapter 7).
Terms defined in s 2
agreement
Defined · s 2“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
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);
authorised officer
Defined · s 2“authorised officer” means an authorised officer appointed under section 7;
section 11 prohibition
Defined · s 2“section 11 prohibition” means the prohibition referred to in section 11(1);
section 21 prohibition
Defined · s 2“section 21 prohibition” means the prohibition referred to in section 21(1);
section 23 prohibition
Defined · s 2“section 23 prohibition” means the prohibition referred to in section 23(1);
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Offences
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Competition Appeal Tribunal
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