Commitments
60A.—(1)  The Commission may, at any time before making a decision pursuant to an application under section 57 or 58 or an investigation under section 62(1)(c) or (d) as to whether —
(a)the section 54 prohibition will be infringed by an anticipated merger, if carried into effect; or
(b)the section 54 prohibition has been infringed by a merger,
accept from such person as it thinks appropriate, a commitment to take or refrain from taking such action as it considers appropriate for the purpose of remedying, mitigating or preventing the substantial lessening of competition or any adverse effect which —
(i)may be expected to result from the anticipated merger, if carried into effect; or
(ii)has resulted or may be expected to result from the merger.
(1A)  The Commission may, at any time before making a decision pursuant to an application under section 44 or an investigation under section 62(1)(a) as to whether the section 34 prohibition has been infringed by an agreement, accept from such person as the Commission thinks appropriate, a commitment to take or refrain from taking such action as the Commission considers appropriate for the purpose of remedying, mitigating or preventing the prevention, restriction or distortion of competition which has resulted or may be expected to result from the agreement.
[Act 15 of 2018 wef 16/05/2018]
(1B)  The Commission may, at any time before making a decision pursuant to an application under section 51 or an investigation under section 62(1)(b) as to whether the section 47 prohibition has been infringed by any conduct, accept from such person as the Commission thinks appropriate, a commitment to take or refrain from taking such action as the Commission considers appropriate for the purpose of remedying, mitigating or preventing the abuse of a dominant position in a market which has resulted or may be expected to result from the conduct.
[Act 15 of 2018 wef 16/05/2018]
(2)  A commitment shall come into force on the date specified by the Commission when it is accepted.
(3)  The Commission may, at any time when a commitment is in force, accept —
(a)a variation of the commitment; or
(b)another commitment in substitution,
for the purpose referred to in subsection (1), (1A) or (1B), whichever is applicable, and any reference to a commitment accepted under any of those subsections includes a reference to a commitment varied or substituted under this subsection.
[Act 15 of 2018 wef 16/05/2018]
(4)  A commitment may be released by the Commission where it has reasonable grounds for believing that the commitment is no longer necessary or appropriate for the purpose referred to in subsection (1), (1A) or (1B), whichever is applicable.
[Act 15 of 2018 wef 16/05/2018]
(5)  Before accepting, varying, substituting or releasing a commitment, the Commission shall, except in exceptional circumstances, consult with such person as it thinks appropriate.
[23/2007 wef 01/07/2007]