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, |
| (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, |
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| 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. |
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(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. |
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(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, |
| (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, |
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| 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. |
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| (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. |
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