Proposed infringement decisions: notices, access to file and representations
11.—(1)  Every notice referred to in regulation 10 shall state —
(a)the facts on which the Commission relies and its reasons for the proposed decision;
(b)the period within which a relevant person may make representations to the Commission, which shall be in the form of a written statement, identifying the information contained in the notice which that relevant person considers the Commission should treat as confidential information and explaining why he considers the Commission should treat such information as confidential information;
(c)the period within which a relevant person may submit a written statement to the Commission on the matters referred to in the notice; and
(d)in relation to an application made under section 57 or 58 of the Act, that the party who applied for the anticipated merger or merger to be considered may apply to the Minister within 14 days of the date of the notice for the anticipated merger or merger, as the case may be, to be exempted from the section 54 prohibition on the ground of any public interest consideration.
(2)  The Commission shall give a relevant person a reasonable opportunity to inspect the documents in the Commission’s file that relate to the matters referred to in the notice given to that relevant person, except that the Commission may withhold any document —
(a)to the extent that it contains confidential information; or
(b)which is an internal document.
(3)  Where, in his written statement on the matters referred to in a notice given to a relevant person, that relevant person requests to make oral representations to the Commission on such matters, the Commission may give that relevant person a reasonable opportunity to make such oral representations.
(4)  Where, at the end of the period referred to in paragraph (1)(c), no written statement on the matters referred to in a notice given to a relevant person have been made by that relevant person, the Commission may proceed with its proposed decision in the absence of such statement.
(5)  Where the Commission has given a relevant person a reasonable opportunity to make oral representations under paragraph (3) but no oral representations have been made, the Commission may proceed with its proposed decision in the absence of such representations.
(6)  Nothing in paragraph (1)(b) shall be construed as restricting the application of regulation 20(2), (3), (5) and (6).
(7)  In this regulation —
“internal document” means —
(a)a document —
(i)produced by the Commission or any other public authority; or
(ii)exchanged —
(A)between the Commission and any other public authority; or
(B)between such other public authorities; or
(b)a document produced by any person from time to time retained under a contract for services by the Commission or any other public authority in connection with such a contract;
“public authority” includes —
(a)a court or tribunal and any person or body exercising functions of a public nature; and
(b)in any country or territory outside Singapore, a court or tribunal and any person or body which appears to the Commission to be exercising functions of a public nature;
“relevant person” means a person to whom notice is required to be given under regulation 10.