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
(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.
[23/2007]
(2)  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 —
(c)for the purpose of preventing any action that may prejudice —
(i)the investigations; or
(ii)the giving of any direction under section 69; or
(d)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.
[23/2007]
(3)  Before giving a direction under this section, the Commission must —
(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.
(4)  A notice under subsection (3) must indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.
(5)  A direction given under this section has effect while subsection (1) or (2) (as the case may be) applies, but may be replaced if the circumstances permit by a direction under section 69.
[23/2007]
(6)  In the case of a suspected infringement of the section 34 prohibition, sections 69(2)(a) and 85 also apply to directions given under this section.
(7)  In the case of a suspected infringement of the section 47 prohibition, sections 69(2)(b) and 85 also apply to directions given under this section.
(8)  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)(c)(i) and (d)(i) and 85 also apply to directions given under this section.
[23/2007]