Clause 16

by deleting subsection (1) and substituting the following subsection:“(1) Where the Commission has made a decision that —

any agreement has infringed the section 34 prohibition;

any conduct has infringed the section 47 prohibition;

any anticipated merger, if carried into effect, will infringe the section 54 prohibition; or

any merger has infringed the section 54 prohibition,the Commission may give to such person as it thinks appropriate such directions as it considers appropriate to bring the infringement or the circumstances referred to in paragraph (c) to an end and, where necessary, requiring that person to take such action as is specified in the direction to remedy, mitigate or eliminate any adverse effects of such infringement or circumstances and to prevent the recurrence of such infringement or circumstances.”;

by deleting the word “infringes” in subsection (2)(a) and (b) and substituting in each case the words “has infringed”;

by inserting, immediately after paragraph (b) of subsection (2), the following paragraph:“(ba)where the decision is that any anticipated merger, if carried into effect, will infringe the section 54 prohibition —

prohibiting the anticipated merger from being carried into effect;

requiring any parties to any agreement that is directly related and necessary to the implementation of the merger (which would result from the anticipated merger being carried into effect) to modify or terminate the agreement, notwithstanding the agreement is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 45 or 46, as the case may be, that the agreement is unlikely to infringe, or has not infringed, the section 34 prohibition; and

requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger (which would result from the anticipated merger being carried into effect) to modify or cease that conduct, notwithstanding the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53, as the case may be, that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition;”;

by deleting paragraphs (c) and (d) of subsection (2) and substituting the following paragraphs:“(c)where the decision is that any merger has infringed the section 54 prohibition —

requiring the merger to be dissolved or modified in such manner as the Commission may direct;

requiring any parties to any agreement that is directly related and necessary to the implementation of the merger to modify or terminate the agreement, notwithstanding that the agreement is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 45 or 46, as the case may be, that the agreement is unlikely to infringe, or has not infringed, the section 34 prohibition; and

requiring any person concerned with any conduct that is directly related and necessary to the implementation of the merger to modify or cease that conduct, notwithstanding that the conduct is excluded under paragraph 10 of the Third Schedule or the Commission has given guidance or a decision under section 52 or 53, as the case may be, that the conduct is unlikely to infringe, or has not infringed, the section 47 prohibition;

where the decision is that any agreement has infringed the section 34 prohibition, any conduct has infringed the section 47 prohibition or any merger has infringed the section 54 prohibition, to pay to the Commission such financial penalty in respect of the infringement as the Commission may determine; and

in any case, requiring any party to an agreement that has infringed the section 34 prohibition, any person whose conduct has infringed the section 47 prohibition, any party to an anticipated merger which, if carried into effect, will infringe the section 54 prohibition or any party involved in a merger that has infringed the section 54 prohibition —

to enter such legally enforceable agreements as may be specified by the Commission and designed to prevent or lessen the anti-competitive effects which have arisen;

to dispose of such operations, assets or shares of such undertaking in such manner as may be specified by the Commission; and

to provide a performance bond, guarantee or other form of security on such terms and conditions as the Commission may determine.”; and

by deleting the words “subsection (2)(d)(iii)” in subsection (3) and substituting the words “subsection (2)(d)”.