PART V
DECISIONS FOLLOWING APPLICATIONS AND INVESTIGATIONS
Notice of decision
9.—(1)  Where the Commission has made a decision that the section 34 prohibition has been infringed or a decision that the section 47 prohibition has been infringed, it shall —
(a)give notice of the decision to —
(i)where an application was made under section 44 or 51 of the Act, the applicant and those persons whom the applicant identified in the application as being the other parties to the agreement, or the other persons, if any, engaging in the conduct, to which the application relates, as the case may be;
(ii)where no application was made under section 44 or 51 of the Act, each person whom the Commission considers is or was a party to the agreement, or is or was engaged in the conduct, which is the subject of the decision,
stating the facts on which the Commission bases the decision and the Commission’s reasons for making the decision; and
(b)publish the decision.
(2)  Where the Commission has made a decision that there are no grounds for action in respect of —
(a)an agreement because the conditions of the section 34 prohibition are not met or because the agreement is excluded under section 35 of the Act or exempted under section 36 of the Act; or
(b)any conduct because the conditions of the section 47 prohibition are not met or because the conduct is excluded under section 48 of the Act,
the Commission —
(i)shall, without delay, give notice of the decision to —
(A)where the decision was made following an application under section 44 or 51 of the Act, the applicant and those persons whom the applicant identified in the application as being the other parties to the agreement, or the other persons, if any, engaging in the conduct, to which the application relates, as the case may be; and
(B)where no application under section 44 or 51 of the Act was made —
(BA)any person whom the Commission considers is or was a party to the agreement, or is or was engaged in conduct, against whom any of the powers of investigation in the Act have been exercised; and
(BB)such other person as the Commission deems appropriate,
stating the facts on which the Commission bases the decision and the Commission’s reasons for making the decision; and
(ii)may publish the decision.
(3)  Where the Commission has made a decision that an anticipated merger, if carried into effect, will infringe the section 54 prohibition, or a decision that a merger has infringed the section 54 prohibition, it shall —
(a)give notice of the decision to —
(i)where an application was made under section 57 or 58 of the Act, the applicant and those persons whom the applicant identified in the application as being the other parties to the anticipated merger or the other parties involved in the merger, as the case may be, to which the application relates;
(ii)where no application was made under section 57 or 58 of the Act, 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, which is the subject of the decision,
stating the facts on which the Commission bases the decision and the Commission’s reasons for making the decision; and
(b)publish the decision.
(4)  Where the Commission has made a decision that an anticipated merger, if carried into effect, will not infringe the section 54 prohibition or that a merger has not infringed the section 54 prohibition because —
(a)the conditions of the section 54 prohibition will not be or are not met;
(b)the anticipated merger, if carried into effect, will be, or the merger is, as the case may be, excluded under section 55 of the Act;
(c)the anticipated merger, if carried into effect, or the merger, as the case may be, is exempted from the section 54 prohibition on the ground of any public interest consideration under section 57(3), 58(3) or 68(3) of the Act; or
(d)a commitment has been accepted by the Commission under section 60A of the Act,
the Commission —
(i)shall, without delay, give notice of the decision to —
(A)where the decision was made following an application under section 57 or 58 of the Act, the applicant and those persons whom the applicant identified in the application as being the other parties to the anticipated merger or the other parties involved in the merger, as the case may be, to which the application relates; and
(B)where no application under section 57 or 58 of the Act was made —
(BA)any 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, against whom any of the powers of investigation under the Act have been exercised; and
(BB)such other person as the Commission deems appropriate,
stating the facts on which the Commission bases the decision and the Commission’s reasons for making the decision;
(ii)shall, in the case of a decision under paragraph (4)(d), publish the decision and commitment; and
(iii)may, in the case of a decision under paragraph (4)(a), (b) or (c), publish the decision.
(5)  The Commission may determine an application for a decision under section 44, 51, 57 or 58 of the Act by exercising its discretion not to give a decision, whereupon the Commission shall give notice to the applicant of that fact.
Further action after decision
10.  If, having made a decision of the kind referred to in section 46(1), 53(1), 59(1) or 60(1) of the Act following an application under section 44, 51, 57 or 58 of the Act, as the case may be, or a decision of the kind referred to in section 60B(1) of the Act, the Commission proposes to take further action under Part III of the Act, the Commission shall consult —
(a)where a decision was made following an application, the applicant and those persons whom the applicant identified in the application as being —
(i)the other parties to the agreement which is the subject of the decision;
(ii)the other persons, if any, engaging in the conduct which is the subject of the decision;
(iii)the other parties to the anticipated merger which is the subject of the decision; or
(iv)the other parties involved in the merger which is the subject of the decision,
as the case may be; or
(b)where no application under section 57 or 58 of the Act was made in respect of a decision of the kind referred to in section 60B(1) of the Act, each person whom the Commission considers is or was —
(i)a party to the anticipated merger which is the subject of the decision; or
(ii)a party involved in the merger which is the subject of the decision,
as the case may be.
Application for extension of validity period
11.—(1)  An application under section 57(8) of the Act for an extension of the validity period for a decision referred to in regulation 9(4) in respect of an anticipated merger shall be made to the Commission in such manner as the Commission may specify on the Commission’s Internet website in an online location accessible to the public from time to time.
(2)  The applicant shall —
(a)within 2 working days of the application under paragraph (1), give notice to all other parties to the anticipated merger of whom he knows that the application has been made; and
(b)provide a copy of such notice to the Commission within 2 working days from the date of the notification.
(3)  The Commission may, at any time after the application under paragraph (1) is made, require the applicant to submit such other information (including any document) as the Commission thinks fit.
(4)  Where, before the Commission makes a decision on an application under paragraph (1), there is any material change to any information submitted to the Commission (whether as contained in the application, under paragraph (3) or otherwise), the applicant shall give notice of that change to the Commission without delay.
(5)  The Commission may, on receiving an application under paragraph (1) —
(a)grant the applicant an extension of the validity period for such period and subject to such conditions as it thinks fit; or
(b)refuse the application.
(6)  Without prejudice to the generality of the Commission’s power under paragraph (5) to refuse an application, the Commission may refuse the application if —
(a)the application is not made in accordance with paragraph (1);
(b)the applicant does not comply with paragraph (2);
(c)the Commission’s request for any information under paragraph (3) is not complied with;
(d)the Commission has reasonable grounds for suspecting that any information submitted to the Commission (whether as contained in the application, under paragraph (3) or otherwise) is incomplete, false or misleading in a material particular; or
(e)the Commission has reasonable grounds for believing that there has been a material change in any information submitted to the Commission (whether as contained in the application, under paragraph (3) or otherwise), and such change has not been notified to the Commission under paragraph (4).
(7)  The Commission may, at any time before the end of an extension of the validity period —
(a)revoke or otherwise terminate the extension if it has reasonable grounds for suspecting that any information submitted to the Commission (whether as contained in the application, under paragraph (3) or otherwise) is incomplete, false or misleading in a material particular;
(b)terminate the extension if the Commission has reasonable grounds for believing that there has been a material change in any information submitted to the Commission (whether as contained in the application, under paragraph (3) or otherwise), and such change has not been notified to the Commission under paragraph (4); or
(c)terminate the extension if the applicant contravenes any condition imposed by the Commission under paragraph (5)(a).
(8)  Before revoking or terminating an extension of the validity period under paragraph (7), the Commission shall give notice to the applicant and the other parties to the anticipated merger.
(9)  Any termination of the extension of the validity period under paragraph (7) shall take effect on a date specified by the Commission which may be earlier than the date of the notice given under paragraph (8), except that —
(a)in the case of a termination under paragraph (7)(b), the date shall not be earlier than the date on which the material change in information occurred; and
(b)in the case of a termination under paragraph (7)(c), the date shall not be earlier than the date on which the condition was contravened.