Competition Ordinance/Schedule 2

Layout 2

Commitments

PART 1
Procedural Requirements for Acceptance and Variation of Commitments

1. Application

Section 2 of this Schedule applies where the Commission proposes to—

(a) accept a commitment under section 60;

(b) accept a variation of such a commitment under section 62; or

(c) accept a new commitment in substitution for such a commitment under section 62.

2. Notice

(1) Before accepting a commitment or variation, the Commission must—

(a) give notice of the proposed commitment or variation in any manner it considers appropriate for bringing it to the attention of those it considers likely to be affected by it; and

(b) consider any representations made (and not withdrawn) in response to the notice.

(2) A notice under subsection (1) must state—

(a) that the Commission proposes to accept the commitment or variation;

(b) the intended object and effect of the commitment or variation;

(c) whether the commitment or variation constitutes an admission of contravention of a competition rule;

(d) the situation that the commitment or variation is seeking to deal with;

(e) any other facts that the Commission considers to be relevant to the acceptance or variation of the commitment;

(f) a means of gaining access, at all reasonable times, to an accurate version of the proposed commitment or variation; and

(g) the period within which representations may be made in relation to the proposed commitment or variation.

(3) The period stated for the purpose of subsection (2)(g) must be at least 15 days beginning on the day on which the notice is given.

3. Notice of decision not to accept

If, after giving notice under section 2 of this Schedule, the Commission decides not to accept the commitment or variation concerned, the Commission must give notice that it has so decided.

4. Notice of acceptance

As soon as practicable after accepting a commitment or a variation of a commitment, the Commission must publish the commitment or variation—

(a) through the Internet or a similar electronic network; and

(b) in any other manner the Commission considers appropriate.

5. Manner of giving notice A notice under section 2 or 3 of this Schedule must be given by—

(a) sending a copy of the notice to any person or persons the Commission considers are likely to be affected by the matter to which the notice relates; or

(b) publishing the notice—

(i) through the Internet or a similar electronic network; and

(ii) in any other manner the Commission considers appropriate,

for the purpose of bringing the matter to which the notice relates to the attention of those the Commission considers likely to be affected by it.

PART 2
Procedural Requirements for Withdrawal of Acceptance of Commitments

6. Application

Section 7 of this Schedule applies where the Commission proposes to withdraw its acceptance of a commitment under section 61.

7. Notice

(1) Before withdrawing its acceptance of a commitment, the Commission must—

(a) give notice of the proposed withdrawal in any manner it considers appropriate for bringing it to the attention of those it considers likely to be affected by it; and

(b) consider any representations made (and not withdrawn) in response to the notice.

(2) A notice under subsection (1) must state—

(a) that the Commission proposes to withdraw its acceptance of the commitment;

(b) the reasons for the proposed withdrawal;

(c) any other facts that the Commission considers to be relevant to the proposed withdrawal; and

(d) the period within which representations may be made in relation to the proposed withdrawal.

(3) The period stated for the purpose of subsection (2)(d) must be at least 15 days beginning on the day on which the notice is given.

8. Notice of decision not to withdraw

If, after giving notice under section 7 of this Schedule, the Commission decides not to withdraw its acceptance of the commitment concerned, the Commission must give notice that it has so decided.

9. Notice of withdrawal

As soon as practicable after withdrawing its acceptance of a commitment, the Commission must publish the withdrawal—

(a) through the Internet or a similar electronic network; and

(b) in any other manner the Commission considers appropriate.

10. Manner of giving notice

A notice under section 7 or 8 of this Schedule must be given by—

(a) sending a copy of the notice to any person or persons the Commission considers are likely to be affected by the matter to which the notice relates; or

(b) publishing the notice—

(i) through the Internet or a similar electronic network; and

(ii) in any other manner the Commission considers appropriate,

for the purpose of bringing the matter to which the notice relates to the attention of those the Commission considers likely to be affected by it.

PART 3
Procedural Requirements for Release of Commitments

11. Application

Section 12 of this Schedule applies where the Commission proposes to release a person from a commitment, under section 62.

12. Notice

(1) Before releasing the person from the commitment, the Commission must—

(a) give notice of the proposed release in any manner it considers appropriate for bringing it to the attention of that person; and

(b) consider any representations made (and not withdrawn) in response to the notice.

(2) A notice under subsection (1) must state—

(a) that the Commission proposes to release the person from the commitment;

(b) the reasons for the proposed release;

(c) any other facts that the Commission considers to be relevant to the proposed release; and

(d) the period within which representations may be made in relation to the proposed release.

(3) The period stated for the purpose of subsection (2)(d) must be at least 15 days beginning on the day on which the notice is given.

13. Notice of decision not to proceed

If, after giving notice under section 12 of this Schedule, the Commission decides not to proceed with the release, it must—

(a) give notice that it has so decided; and

(b) send a copy of the notice to the person who made the commitment.

14. Notice of decision to release

As soon as practicable after releasing a person from a commitment, the Commission must—

(a) publish the release—

(i) through the Internet or a similar electronic network; and

(ii) in any other manner the Commission considers appropriate; and

(b) send a copy of the release to that person.

15. Manner of giving notice

A notice under section 12 or 13 of this Schedule must be given by—

(a) sending a copy of the notice to any person or persons the Commission considers are likely to be affected by the matter to which the notice relates; or

(b) publishing the notice—

(i) through the Internet or a similar electronic network; and

(ii) in any other manner the Commission considers appropriate,

for the purpose of bringing the matter to which the notice relates to the attention of those the Commission considers likely to be affected by it.