Competition Regulations, 2020 · s 5

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

5.
Notice of decision
(I) Where the Commission has made a decision that the section 11 prohibition has been infringed or a decision that the section 21 prohibition has been infringed, it shall -
64
(a)
give notice of the decision to each person whom the Commission considers is or was a party to the agreement, or is or was engaged in the conduct, which is the subject of the decision, stating the facts on which the Commission bases the decision and the Commission's reasons for making the decision; and
(b)
publish the decision in such manner as the Commission may direct.
(2) Where the Commission has made a decision that there are no grounds for action in respect of -
( a)
an agreement because the conditions of the section 11 prohibition are not met or because the agreement is excluded under section 12 or exempted under section 13 or 15; or
(b)
any conduct because the conditions of the section 21 prohibition are not met or because the conduct is excluded under section 22, the Commission -
(i)
shall, without delay, give notice of the decision to -
(A)
any person whom the Commission considers is or was a party to the agreement, or is or was engaged in conduct, against whom any of the powers of investigation in the Order have been exercised; and
(B)
such other person as the Commission thinks appropriate, stating the facts on which the Commission bases the decision and the Commission's reasons for making the decision; and
(ii)
may publish the decision in such manner as the Commission may direct.
PART4
DIRECTIONS

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 5Notice of decision

(I)

Where the Commission has made a decision that the section 11 prohibition has been infringed or a decision that the section 21 prohibition has been infringed, it shall -

(a)

give notice of the decision to each person whom the Commission considers is or was a party to the agreement, or is or was engaged in the conduct, which is the subject of the decision, stating the facts on which the Commission bases the decision and the Commission's reasons for making the decision; and

(b)

publish the decision in such manner as the Commission may direct.

(2)

Where the Commission has made a decision that there are no grounds for action in respect of -

( a)

an agreement because the conditions of the section 11 prohibition are not met or because the agreement is excluded under section 12 or exempted under section 13 or 15; or

(b)

any conduct because the conditions of the section 21 prohibition are not met or because the conduct is excluded under section 22, the Commission -

(i)

shall, without delay, give notice of the decision to -

(A)

any person whom the Commission considers is or was a party to the agreement, or is or was engaged in conduct, against whom any of the powers of investigation in the Order have been exercised; and

(B)

such other person as the Commission thinks appropriate, stating the facts on which the Commission bases the decision and the Commission's reasons for making the decision; and

(ii)

may publish the decision in such manner as the Commission may direct.

PART4

DIRECTIONS