Competition Act · 2022 Revised Edition · Chapter 6
40. Interim measures
Official textFrom Attorney General's Chambers, unchanged
If the Commission —
has reasonable grounds for suspecting that the section 11
prohibition or the section 21 prohibition has been infringed but has not completed its investigations into the matter; and
considers that it is necessary for it to act under this section as a matter of urgency for the purpose —
of preventing serious, irreparable damage to a particular person or category of persons; or
of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose.
If the Commission has reasonable grounds for suspecting that the section 23 prohibition —
section 23 prohibition
“section 23 prohibition” means the prohibition referred to in section 23(1);
will be infringed by an anticipated merger, if carried into effect; or
has been infringed by a merger, but has not completed its investigations into the matter, and considers that it is necessary for it to act under this section —
for the purpose of preventing any action that may prejudice —
the investigations; or
Competition
the giving of any direction under section 42; or
as a matter of urgency for the purpose —
of preventing serious, irreparable damage to a particular person or category of persons; or
of protecting the public interest, the Commission may give such directions as it considers appropriate for that purpose.
Before giving a direction under this section, the Commission shall —
give written notice to the person to whom it proposes to give the direction; and
give that person an opportunity to make representations.
A notice under subsection (3) shall indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.
A direction given under this section shall have effect while subsection (1) or (2), as the case may be, applies, but may be replaced if the circumstances permit by a direction under section 42.
In the case of a suspected infringement of the section 11
prohibition, sections 42(2)(a) and 46 also apply to directions given under this section.
In the case of a suspected infringement of the section 21
prohibition, sections 42(2)(b) and 46 also apply to directions given under this section.
In the case of a suspected infringement of the section 23
prohibition by an anticipated merger, if carried into effect, or a merger, sections 42(2)(c)(i) and (d)(i) and 46 also apply to directions given under this section.
anticipated merger
“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);
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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 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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