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In forceAmended2020 Revised Edition

Part 3 · Competition

58A. Interim measures in relation to notifications of anticipated mergers and mergers

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Amended

Last amended by an amending law of 2007.

(1)

If, in respect of an application under section 57 or 58, the Commission has reasonable grounds for suspecting that —

(a)

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

(b)

the section 54 prohibition has been infringed by a merger,but has not completed its consideration of the matter, and the Commission considers that it is necessary for it to act under this section —

(c)

for the purpose of preventing any action that may prejudice —

(i)

the consideration of the anticipated merger or merger; or

(ii)

the giving of any direction under section 69; or

(d)

as a matter of urgency for the purpose —

(i)

of preventing serious, irreparable damage to a particular person or category of persons; or

(ii)

of protecting the public interest,the Commission may give such directions as it considers appropriate for that purpose.

(2)

Before giving a direction under this section, the Commission must —

(a)

give written notice to the person to whom it proposes to give the direction; and

(b)

give that person an opportunity to make representations.

(3)

A notice under subsection (2) must indicate the nature of the direction which the Commission is proposing to give and its reasons for wishing to give it.

(4)

A direction given under this section has effect while subsection (1) applies, but may be replaced if the circumstances permit by a direction under section 69.

(5)

Sections 69(2)(c)(i) and (d)(i) and 85 also apply to directions given under this section.

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