PART IV
PROPOSED DECISIONS IN RESPECT OF INVESTIGATIONS
Proposed infringement decision
7.—(1)  Where the Commission has conducted an investigation into any agreement or conduct and the Commission proposes to make a decision that the section 34 prohibition or the section 47 prohibition has been infringed, as the case may be, the Commission shall —
(a)give notice of this to each person whom the Commission considers is or was a party to the agreement, or is or was engaged in the conduct, as the case may be, which the Commission considers has infringed a prohibition; and
(b)state in such notice which prohibition the Commission considers has been infringed.
(2)  Where the Commission has conducted an investigation into any anticipated merger or merger and the Commission proposes to make a decision that —
(a)an anticipated merger, if carried into effect, will infringe the section 54 prohibition; or
(b)a merger has infringed the section 54 prohibition,
the Commission shall give notice of this to each person whom the Commission considers is or was a party to the anticipated merger or party involved in the merger, as the case may be.
(3)  Regulation 8 shall apply to a notice given by the Commission under this regulation.
Notices, access to file and representations
8.—(1)  Every notice referred to in regulation 7 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)where the proposed decision relates to an anticipated merger or a merger, that any party to the anticipated merger or any party involved in the merger, as the case may be, 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 28(2), (3), (5) and (6).
(7)  In this regulation, “relevant person” means a person to whom notice is required to be given under regulation 7.