- (b) is carrying out, or is proposing to carry out a merger,
it may apply to the Commission for a decision under subsection (2).
(2) The decision referred to in subsection (1) is a decision as to whether or not the merger is, or the proposed merger would if completed be—
- (a) excluded from the application of the merger rule by or as a result of section 8 (Exclusions) of this Schedule; or
- (b) excluded from the application of this Schedule by virtue of—
- (i) section 3 (Application to statutory bodies); or
- (ii) section 4 (Application to specified persons and persons engaged in specified activities).
(3) The Commission is only required to consider an application under this section if—
- (a) the application poses novel or unresolved questions of wider importance or public interest in relation to the application of exclusions under this Ordinance;
- (b) the application raises a question of an exclusion under this Ordinance for which there is no clarification in existing case law or decisions of the Commission; and
- (c) it is possible to make a decision on the basis of the information provided.
(4) The Commission is not required to consider an application for a decision if the application concerns hypothetical questions or conduct.
12. Consideration of application
(1) Before making a decision on an application made under section 11 of this Schedule, the Commission must—
- (a) in order to bring the application to the attention of those the Commission considers likely to be affected by the decision, publish notice of the application—
- (i) through the Internet or a similar electronic network; and
- (ii) in any other manner the Commission considers appropriate; and
- (b) consider any representations about the application that are made to the Commission.
(2) A notice under subsection (1) must specify the period within which representations may be made to the Commission about the application.
(3) The period specified for the purpose of subsection (2) must be a period of at least 30 days beginning after the day on which the notice is first published.
