s 55A Confidential advice by Commission on anticipated mergers
55A.—(1) A party to an anticipated merger may apply to the Commission for its advice as to whether the view of the Commission is that the anticipated merger, if carried into effect, is likely to infringe the section 54 prohibition.[15/2018] (2) Subject to regulations made under subsection (5), the Commission may issue the advice under subsection (1) if the Commission is satisfied —(a) that all parties to the anticipated merger intend to carry into effect the anticipated merger; (b) that no information relating to the anticipated merger is in the public domain at the time that the application under subsection (1) is made; and (c) if information relating to the anticipated merger enters the public domain after the application under subsection (1) is made, that there are good reasons for the applicant not notifying the Commission of the anticipated merger and not applying to the Commission for its decision, under section 57.[15/2018] (3) Despite subsection (2), the Commission may refuse to issue the advice mentioned in subsection (1) if the Commission is of the view that, given the facts and circumstances of the anticipated merger, the parties to the anticipated merger are able to assess whether an application under section 57 in respect of the anticipated merger should be made without the advice.[15/2018] (4) Advice issued by the Commission under this section is not binding on the Commission.[15/2018] (5) The Minister may make regulations to provide —(a) that the Commission may issue advice under this section in relation to only such anticipated mergers as are prescribed; and (b) for the procedure to be followed —(i) by any party making an application under this section; and (ii) by the Commission, in considering such an application.[15/2018]