Clause 15

by deleting the words “the section 34 prohibition, the section 47 prohibition or the section 54 prohibition has been infringed” in the 7th, 8th and 9th lines of subsection (1) and substituting the words “the section 34 prohibition has been infringed by any agreement, the section 47 prohibition has been infringed by any conduct, the section 54 prohibition will be infringed by any anticipated merger, if carried into effect, or the section 54 prohibition has been infringed by any merger”;

by deleting subsections (2) and (3) and substituting the following subsections:“(2) Subject to subsections (3) and (5), upon considering any representation made to the Commission under subsection (1)(ii), the Commission may, as it thinks fit, make a decision that —

the section 34 prohibition has been infringed by any agreement;

the section 47 prohibition has been infringed by any conduct;

the section 54 prohibition will be infringed by any anticipated merger, if carried into effect; or

the section 54 prohibition has been infringed by any merger.(3) Where —

in relation to an anticipated merger, the Commission proposes to make a decision that the section 54 prohibition will be infringed by the anticipated merger, if carried into effect; or

in relation to a merger, the Commission proposes to make a decision that the section 54 prohibition has been infringed by the merger,and the Commission has given written notice under subsection (1)(i) to the parties to the anticipated merger or the parties involved in the merger, as the case may be, any such party may, within 14 days of the date of the notice, apply to the Minister for the anticipated merger, if carried into effect, or the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration.”;

by deleting subsection (5) and substituting the following subsection:“(5) Where the Minister exempts an anticipated merger or a merger under subsection (3), the Commission may make a decision that —

the section 54 prohibition will not be infringed by the anticipated merger, if carried into effect; or

the section 54 prohibition has not been infringed by the merger.”; and

by inserting, immediately after the words “the exemption of” in subsection (6), the words “an anticipated merger or”.