PART IX | Reliance on exclusions and exemptions in Act |
21. Any undertaking claiming the benefit of any —| (a) | exclusion from the section 34 prohibition or the section 47 prohibition specified in the Third Schedule to the Act; | | (b) | exclusion from the section 54 prohibition specified in the Fourth Schedule to the Act; or | | (c) | exemption from the section 34 prohibition under a block exemption order made pursuant to section 36 of the Act, |
| shall bear the burden of proving that the conditions relating thereto have been satisfied. |
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22.—(1) The forms prescribed for the purpose of submission to the Commission under these Regulations shall be those provided on the Commission’s Internet website in an online location accessible to the public from time to time.| (2) The Commission may issue such other forms as it thinks fit for the purposes of these Regulations. |
| (3) The Commission may make any modification or amendment necessary to any form. |
| (4) Where strict compliance with a form is not possible, the Commission may allow that form to be complied with in such other manner as it thinks fit. |
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23.—(1) A form shall be completed and submitted in accordance with such directions as are specified in that form or by the Commission.| (2) Unless otherwise required, all particulars to be inserted in a form shall be in the English language. |
| (3) The Commission may, in its absolute discretion, refuse to accept any form that is not completed or submitted in accordance with these Regulations. |
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| Directions as to documents submitted to Commission |
24.—(1) Any document submitted to the Commission shall comply with such directions as are specified in the form for which the document is required or by the Commission.(2) Every document, if not in the English language, shall be accompanied by a translation thereof —| (a) | certified by a court interpreter; or | | (b) | verified by the affidavit of a person qualified to translate it, |
| before it may be received, filed or used by the Commission. |
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25.—(1) Any notice required to be given to any person under these Regulations may be —| (a) | delivered personally at his last known address; | | (b) | left at or sent to him by ordinary post to his last known address; or | | (c) | sent to him by facsimile or, with his consent, electronic mail. |
(2) Where these Regulations require the Commission to give any notice to any person and —| (a) | the Commission has taken the steps referred to in paragraph (1) to give notice to such person but has been unable to give such notice or in the Commission’s opinion there is doubt that it has been able to give such notice; or | | (b) | the Commission is of the view that none of the steps referred to in paragraph (1), if taken, would give the required notice to such person, |
| the Commission may, instead, take one or both of the steps specified in paragraph (3). |
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(3) The steps specified for the purposes of paragraph (2) are as follows:| (a) | publish a summary of the notice by means of entry in the register maintained by the Commission under regulation 30; and | | (b) | cause a reference to the summary of the notice published in that register to be published in at least one national daily newspaper. |
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(4) Except where paragraph (2) applies, where these Regulations allow or require notice to be given to a person, such notice shall be treated as if it had been received by or served on that person —| (a) | in the case of personal delivery, on the day of delivery; | | (b) | when left at the last known address, on the day of leaving; | | (c) | when sent by ordinary post, on the working day after the day on which it was posted; | | (d) | in the case of a facsimile transmitted on a working day before 5 p.m., on that day or in any other case on the working day after the day on which it is transmitted; or | | (e) | in the case of electronic mail or similar means, on the working day after the day on which it is transmitted. |
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| (5) Where paragraph (2) applies, the notice shall be treated as having been given on the date of its publication in accordance with paragraph (3)(a) and (b). |
| (6) Any notice given under these Regulations shall be in writing. |
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| Notices: associations of undertakings |
26.—(1) Where a regulation requires the Commission to give notice of any matter to an association of undertakings, the Commission shall give such notice to the director, secretary, manager or other similar officer of the association on its behalf.| (2) Where a regulation requires the Commission to give notice of any matter to each of more than 20 members of an association of undertakings, the Commission may, instead of giving such notice to any such member, give such notice to the director, secretary, manager or other similar officer of the association on that member’s behalf, provided that individual notice shall be given to any member who has made an application in respect of the agreement, conduct, anticipated merger or merger to which the notice relates. |
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27.—(1) Where an act is required to be done in accordance with these Regulations within a specified period after or from a specified date, the period begins immediately after that date.| (2) Where an act is required to be done in accordance with these Regulations within or not less than a specified period before a specified date, the period ends immediately before that date. |
| (3) Where the time prescribed by these Regulations for doing any act expires on a day which is not a working day, the act is in time if done at or before 5 p.m. on the next following working day. |
| (4) Where an act done in accordance with these Regulations is done on a day which is not a working day, or after 5 p.m. on a working day, the act shall be treated as done on the next following working day. |
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| Information to be treated as confidential |
28.—(1) Where a person submitting any information or document to the Commission considers the information or, in the case of a document, any of the information contained therein, as confidential information under section 89(1)(b) of the Act, that person shall, at the time of submitting the information or document —| (a) | in the case of such information, identify to the Commission the confidential information and provide a written statement explaining why the information is confidential information; and | | (b) | in the case of such document, provide —| (i) | a confidential version of the document containing and clearly identifying the confidential information; | | (ii) | a non-confidential version of the document, in which the confidential information has been removed in the manner specified by the Commission; and | | (iii) | a written statement explaining why the information is confidential information. |
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| (2) Where a person has identified any information he is submitting to the Commission as being confidential information, or any document he is submitting to the Commission as containing confidential information, but the person does not provide the Commission with the written statement referred to in paragraph (1)(a) or (b)(iii), as the case may be, the Commission may give notice to the person submitting the information or document to provide such written statement within such time limit as the Commission considers appropriate. |
| (3) Where a written statement has been given to the Commission to explain why any information submitted to the Commission is confidential information, the Commission may, in its discretion, give notice to the person submitting the information or document to provide written clarification of the written statement within such time limit as the Commission considers appropriate. |
| (4) Where the person submitting the information or document fails to provide the Commission with the written statement referred in paragraph (1)(a) or (b)(iii) or with the written clarification referred to in paragraph (3), as the case may be, within the time limit specified by the Commission, the information submitted shall be treated as not falling within section 89(1)(b) of the Act. |
(5) Where the Commission proposes to disclose information which has been submitted to the Commission and identified as confidential information under section 89(1)(b) of the Act, the Commission may —| (a) | inform the person who submitted the information or document or the person from whom the information or document originated, of the Commission’s proposed action; and | | (b) | give that person a reasonable opportunity to make representations to the Commission on the Commission’s proposed action. |
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| (6) For the avoidance of doubt, nothing in this regulation shall be construed as preventing the Commission from having regard to any information which is, or any document containing information which is, confidential information, or any part thereof, in its determination of any matter for which the confidential information is required. |
| (7) This regulation shall not apply in any case where regulation 8, 13 or 15 applies, except as may be provided in such regulation. |
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29.—(1) Where the Commission is required to consult a person under these Regulations, it shall —| (a) | give notice to that person; and | | (b) | state in that notice the action the Commission proposes to take, its reasons for proposing such action and the period within which that person may make written representations to the Commission on these matters. |
| (2) The Commission shall have the discretion to consult with such persons as it thinks appropriate, if the Commission feels that this would be advantageous, necessary or convenient for it to carry on its functions or discharge its duties under the Act. |
| (3) Where the Commission proposes to consult the public in exercise of its discretion to do so under these Regulations, it shall publish, in such manner as the Commission deems appropriate, a notice stating the action it proposes to take, its reasons for proposing such action and the period within which written representations may be made to the Commission on these matters. |
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30.—(1) The Commission shall maintain a register in which there shall be entered —| (a) | all decisions and commitments that the Commission is required to publish under these Regulations; | | (b) | all applications for decisions under section 44, 51, 57 or 58 of the Act, a summary of the nature and objectives of the agreement or conduct, or a summary of the description of the anticipated merger or merger, as the case may be, which is the subject of the application (as provided by the applicant under Form 1 or Form M1, as the case may be) and an indication of the final outcome of the application; | | (c) | all decisions published under regulation 9(2)(ii) and (4)(iii); | | (d) | all directions (including the payment of any financial penalty) that the Commission is required to publish under these Regulations; and | | (e) | all summaries of notices published under regulation 25(3)(a). |
| (2) The register shall be open to public inspection on the Commission’s Internet website. |
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| 31. The Competition Regulations (Rg 1) are revoked. |
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