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Formal Consolidation |  2006 RevEd
Interim measures
67.—(1)  If the Commission —
(a)has reasonable grounds for suspecting that the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed but has not completed its investigations into the matter; and
(b)considers that it is necessary for it to act under this section as a matter of urgency for the purpose —
(i)of preventing serious, irreparable damage to a particular person or category of persons; or
(ii)of protecting the public interest,
the Commission may give such directions as it considers appropriate for that purpose.
(2)  Before giving a direction under this section, the Commission shall —
(a)give written notice to the person to whom it proposes to give the direction; and
(b)give that person an opportunity to make representations.
(3)  A notice under subsection (2) shall indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.
(4)  A direction given under this section shall have effect while subsection (1) applies, but may be replaced if the circumstances permit by a direction under section 69.
(5)  In the case of a suspected infringement of the section 34 prohibition, sections 69(2)(a) and 85 shall also apply to directions given under this section.
(6)  In the case of a suspected infringement of the section 47 prohibition, sections 69(2)(b) and 85 shall also apply to directions given under this section.
(7)  In the case of a suspected infringement of the section 54 prohibition, sections 69(2)(c) and 85 shall also apply to directions given under this section.
Informal Consolidation | Amended Act 23 of 2007
Interim measures
67.—(1)  If the Commission —
(a)has reasonable grounds for suspecting that the section 34 prohibition or the section 47 prohibition has been infringed but has not completed its investigations into the matter; and
[23/2007 wef 01/07/2007]
(b)considers that it is necessary for it to act under this section as a matter of urgency for the purpose —
(i)of preventing serious, irreparable damage to a particular person or category of persons; or
(ii)of protecting the public interest,
the Commission may give such directions as it considers appropriate for that purpose.
(1A)  If the Commission has reasonable grounds for suspecting that the section 54 prohibition —
(a)will be infringed by an anticipated merger, if carried into effect; or
(b)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 —
(i)for the purpose of preventing any action that may prejudice —
(A)the investigations; or
(B)the giving of any direction under section 69; or
(ii)as a matter of urgency for the purpose —
(A)of preventing serious, irreparable damage to a particular person or category of persons; or
(B)of protecting the public interest,
the Commission may give such directions as it considers appropriate for that purpose.
[23/2007 wef 01/07/2007]
(2)  Before giving a direction under this section, the Commission shall —
(a)give written notice to the person to whom it proposes to give the direction; and
(b)give that person an opportunity to make representations.
(3)  A notice under subsection (2) shall indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.
(4)  A direction given under this section shall have effect while subsection (1) or (1A), as the case may be, applies, but may be replaced if the circumstances permit by a direction under section 69.
(5)  In the case of a suspected infringement of the section 34 prohibition, sections 69(2)(a) and 85 shall also apply to directions given under this section.
(6)  In the case of a suspected infringement of the section 47 prohibition, sections 69(2)(b) and 85 shall also apply to directions given under this section.
(7)  In the case of a suspected infringement of the section 54 prohibition by an anticipated merger, if carried into effect, or a merger, sections 69(2)(ba)(i) and (c)(i) and 85 shall also apply to directions given under this section.
[23/2007 wef 01/07/2007]
[UK Competition 1998, s. 35]