Competition Act · 2022 Revised Edition · Chapter 6
41. Decision of Commission upon completion of investigation
Official textFrom Attorney General's Chambers, unchanged
Where after considering the statements made, or documents or articles produced, and after considering the report of the authorised officer, the Commission proposes to make a decision 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, the Commission shall —
authorised officer
“authorised officer” means an authorised officer appointed under section 7;
give written notice to the person likely to be affected by such decision; and
give such person an opportunity to make representations to the Commission.
Subject to subsections (3) and (5), upon considering any representation made to the Commission under subsection (1)(b), the
Commission may, as it thinks fit, make a decision 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.
Where —
in relation to an anticipated merger, the Commission proposes to make a decision that the section 23 prohibition will be infringed by the anticipated merger, if carried into effect; or
in relation to a merger, the Commission proposes to make a decision that the section 23 prohibition has been infringed by the merger, and the Commission has given written notice under subsection (1)(a) to the parties to the anticipated merger or the parties involved in the merger, as the case may be, any such party may, within 14 days of the date of the notice,
Competition apply to the Minister for the anticipated merger, if carried into effect, or the merger to be exempted from the section 23 prohibition on the ground of any public interest consideration.
The decision of the Minister under subsection (3) is final.
Minister
“Minister” means the Minister charged with the responsibility for general competition matters;
Where the Minister exempts an anticipated merger or a merger under subsection (3), the Commission may make a decision that —
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);
the section 23 prohibition will not be infringed by the anticipated merger, if carried into effect; or
the section 23 prohibition has not been infringed by the merger.
The Minister may revoke the exemption of an anticipated merger or a merger granted under subsection (3) if he has reasonable grounds for suspecting that the information on which he based his decision was incomplete, false or misleading in a material particular.
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;
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for general competition matters;
public interest consideration
Defined · s 2“public interest consideration” means national or public security, defence and such other considerations as the Minister may, by order published in the Gazette, prescribe;
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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