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In forceAmended2020 Revised Edition

Part 3 · Competition

60B. Effect of commitments

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Amended

Last amended by an amending law of 2018. 2 amendments in all.

(1)

Where the Commission has accepted a commitment under section 60A(1), and subject to subsection (4), the Commission must make a decision that —

(a)

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

(b)

the section 54 prohibition has not been infringed by a merger,as the case may be.

(2)

Where the Commission has accepted a commitment under section 60A(2) in relation to an agreement, and subject to subsection (4), the Commission must make a decision that the section 34 prohibition has not been infringed by the agreement.

(3)

Where the Commission has accepted a commitment under section 60A(3) in relation to any conduct, and subject to subsection (4), the Commission must make a decision that the section 47 prohibition has not been infringed by the conduct.

(4)

Nothing in subsection (1), (2) or (3) prevents the Commission from revoking the decision already made, commencing or continuing any investigation, or making a decision or giving a direction, where —

(a)

it has reasonable grounds for suspecting that any information on the basis of which it accepted a commitment was incomplete, false or misleading in a material particular; or

(b)

it has reasonable grounds for suspecting that a party who provided a commitment has failed to adhere to one or more of the terms of the commitment.

(5)

If the Commission revokes a decision referred to in subsection (1), (2) or (3), the commitment is treated, unless otherwise stated, as released from the date of that revocation.

(6)

The Commission may review the effectiveness of commitments it has accepted under section 60A in such circumstances as it considers appropriate.

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Part 5

Offences

Part 6

Miscellaneous

Part 7

Transfer of Undertakings Relating to Fair Trading Functions to Commission

Part 8

Transfer of Undertakings Relating to Product Safety Functions and Legal Metrology Functions to Commission

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