s 68 Decision of Commission upon completion of investigation
68.—(1) Where —(a) after considering the statements made, or documents or articles produced, in the course of an investigation conducted by it under this Part; or (b) in the case of an investigation conducted by an inspector, after considering the report of the inspector, the Commission proposes to make a decision that the section 34 prohibition has been infringed by any agreement, the section 47 prohibition has been infringed by any conduct, the section 54 prohibition will be infringed by any anticipated merger, if carried into effect, or the section 54 prohibition has been infringed by any merger, the Commission must — (c) give written notice to the person likely to be affected by such decision; and (d) give such person an opportunity to make representations to the Commission.[23/2007] (2) Subject to subsections (3) and (5), upon considering any representation made to the Commission under subsection (1)(d), the Commission may, as it thinks fit, make a decision that —(a) the section 34 prohibition has been infringed by any agreement; (b) the section 47 prohibition has been infringed by any conduct; (c) the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or (d) the section 54 prohibition has been infringed by any merger.[23/2007] (3) Where —(a) in relation to an anticipated merger, the Commission proposes to make a decision that the section 54 prohibition will be infringed by the anticipated merger, if carried into effect; or (b) in relation to a merger, the Commission proposes to make a decision that the section 54 prohibition has been infringed by the merger, and the Commission has given written notice under subsection (1)(c) 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, apply to the Minister for the anticipated merger, if carried into effect, or the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration. [23/2007] (4) The decision of the Minister under subsection (3) is final. (5) Where the Minister exempts an anticipated merger or a merger under subsection (3), the Commission may make a decision that —(a) the section 54 prohibition will not be infringed by the anticipated merger, if carried into effect; or (b) the section 54 prohibition has not been infringed by the merger.[23/2007] (6) The Minister may revoke the exemption of an anticipated merger or a merger granted under subsection (3) if the Minister has reasonable grounds for suspecting that the information on which the Minister based his or her decision was incomplete, false or misleading in a material particular.[23/2007]