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Consultation and decisions in respect of commitments

Competition Regulations 2007

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—(1) Where the Commission proposes to consult any person prior to accepting, varying, substituting or releasing a commitment, it shall —(a)give notice to that person; and(b)state in that notice the action the Commission proposes to take, its reasons for proposing such action and the period within which that person may make written representations to the Commission on these matters.(2) Where, at the end of the period referred to in paragraph (1)(b), no written representations on the matters referred to in the notice have been made by the person to whom the notice was given, the Commission may proceed with its decision in respect of the commitment.(3) Where, pursuant to an application under regulation 3, the Commission has made a decision not to vary, substitute or release a commitment, it —(a)shall give notice of the decision to —(i)the applicant; and(ii)the parties to the anticipated merger or parties involved in the merger, as the case may be, whom the applicant notified under regulation 3(2)(a),stating the facts on which it bases the decision and its reasons for the decision; and(b)may publish the decision.(4) Where the Commission has made a decision to vary, substitute or release a commitment, it shall —(a)give notice of the decision to —(i)the applicant; and(ii)the parties to the anticipated merger or the parties involved in the merger, as the case may be, whom the applicant notified under regulation 3(2)(a); and(b)publish —(i)the decision; and(ii)in the case of a decision to vary or substitute a commitment, the varied or substituted commitment.

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