Competition (Amendment) Bill

whether the section 34 prohibition has been infringed; and

if it has not been infringed, whether that is —

because of the effect of an exclusion;

because the agreement is exempt from the prohibition; or

because a commitment has been accepted pursuant to section 60A(1A).”.

whether the section 47 prohibition has been infringed; and

if it has not been infringed, whether that is —

because of the effect of an exclusion; or

because a commitment has been accepted pursuant to section 60A(1B).”.

A party to an anticipated merger may apply to the Commission for its advice as to whether the view of the Commission is that the anticipated merger, if carried into effect, is likely to infringe the section 54 prohibition.(2) Subject to regulations made under subsection (5), the Commission may issue the advice under subsection (1) if the Commission is satisfied —

that all parties to the anticipated merger intend to carry into effect the anticipated merger;

that no information relating to the anticipated merger is in the public domain at the time that the application under subsection (1) is made; and

if information relating to the anticipated merger enters the public domain after the application under subsection (1) is made, that there are good reasons for the applicant not notifying the Commission of the anticipated merger and not applying to the Commission for its decision, under section 57.(3) Despite subsection (2), the Commission may refuse to issue the advice mentioned in subsection (1) if the Commission is of the view that, given the facts and circumstances of the anticipated merger, the parties to the anticipated merger are able to assess whether an application under section 57 in respect of the anticipated merger should be made without the advice.(4) Advice issued by the Commission under this section is not binding on the Commission.(5) The Minister may make regulations to provide —

that the Commission may issue advice under this section in relation to only such anticipated mergers as are prescribed; and

for the procedure to be followed —

by any party making an application under this section; and

by the Commission, in considering such an application.”.

by deleting the words “sections 60A and 60B” and substituting the words “sections 60A(1) and 60B(1)”; and

by deleting the words “section 60A” in paragraph (b)(iii) and substituting the words “section 60A(1)”.

by deleting the words “sections 60A and 60B” and substituting the words “sections 60A(1) and 60B(1)”; and

by deleting the words “section 60A” in paragraph (b)(iii) and substituting the words “section 60A(1)”.

by inserting, immediately after subsection (1), the following subsections:“(1A) The Commission may, at any time before making a decision pursuant to an application under section 44 or an investigation under section 62(1)(a) as to whether the section 34 prohibition has been infringed by an agreement, accept from such person as the Commission thinks appropriate, a commitment to take or refrain from taking such action as the Commission considers appropriate for the purpose of remedying, mitigating or preventing the prevention, restriction or distortion of competition which has resulted or may be expected to result from the agreement.(1B) The Commission may, at any time before making a decision pursuant to an application under section 51 or an investigation under section 62(1)(b) as to whether the section 47 prohibition has been infringed by any conduct, accept from such person as the Commission thinks appropriate, a commitment to take or refrain from taking such action as the Commission considers appropriate for the purpose of remedying, mitigating or preventing the abuse of a dominant position in a market which has resulted or may be expected to result from the conduct.”;

by deleting the words “subsection (1)” in subsection (3) and substituting the words “subsection (1), (1A) or (1B), whichever is applicable, and any reference to a commitment accepted under any of those subsections includes a reference to a commitment varied or substituted under this subsection”; and

by deleting the words “subsection (1)” in subsection (4) and substituting the words “subsection (1), (1A) or (1B), whichever is applicable”.

by deleting the words “section 60A” in subsection (1) and substituting the words “section 60A(1)”;

by inserting, immediately after subsection (1), the following subsections:“(1A) Where the Commission has accepted a commitment under section 60A(1A) in relation to an agreement, and subject to subsection (2), the Commission must make a decision that the section 34 prohibition has not been infringed by the agreement.(1B) Where the Commission has accepted a commitment under section 60A(1B) in relation to any conduct, and subject to subsection (2), the Commission must make a decision that the section 47 prohibition has not been infringed by the conduct.”; and

by inserting, immediately after the words “subsection (1)” in subsections (2) and (3), the words “, (1A) or (1B)”.

orally examine any individual on the premises who appears to be acquainted with the facts and circumstances relevant to the investigation that is being carried out; and

require the individual to answer any question relating to the investigation.(4B) Any information provided verbally by an individual under subsection (1), or any answer given or statement made by an individual under subsection (4A), must —

be reduced to writing;

be read over to the individual;

if the individual does not understand English, be interpreted for the individual in a language that the individual understands; and

after correction (if any), be signed by the individual.”.

by deleting the word “he” in subsection (5)(b)(i) and substituting the words “the investigating officer, authorised person, inspector or person required by the inspector”;

by deleting the words “any such document” in subsection (5)(c) and substituting the words “any document mentioned in paragraph (b)(i)”; and

by inserting, immediately after subsection (5), the following subsection:“(6) The power to require any person on the premises to produce any document under subsection (5)(b) includes the power to require that person to produce the document at such time and place, and in such form and manner, as may be required by the investigating officer, authorised person, inspector or person required by the inspector.”.

the Chief Executive;

any member, officer, employee or agent of the Commission;

any member of the Board or any person authorised, appointed or employed to assist the Board;

any person who is on secondment or attachment to the Commission;

any person authorised, appointed, employed or directed by the Commission to exercise the Commission’s powers, perform the Commission’s functions or discharge the Commission’s duties or to assist the Commission in the exercise of the Commission’s powers, the performance of the Commission’s functions or the discharge of the Commission’s duties;

any inspector or any person authorised, appointed or employed to assist the inspector in connection with any function or duty of the inspector.”.

an application under section 44 or 51;

an investigation under section 62(1)(a) or (b).