13. Decision by Commission
(1) After considering the representations, if any, made within the period referred to in section 12 of this Schedule, the Commission may make a decision as to whether or not the merger is, or the proposed merger would if completed be, excluded from the application of the merger rule or this Schedule.
(2) A decision by the Commission may include conditions or limitations subject to which it is to have effect including, in the case of a proposed merger, specifying a date by which the proposed merger must be completed.
(3) After the Commission has made its decision, it must inform the applicant in writing of the decision, the date of the decision and the reasons for it.
14. Effect of decision
If the Commission makes a decision that—
- (a) a merger is excluded from the application of the merger rule or this Schedule; or
- (b) a proposed merger would if completed be excluded from the application of the merger rule or this Schedule,
then the Commission may not take any action under this Ordinance with respect to the merger or proposed merger unless it rescinds its decision under section 15 of this Schedule or the merger as implemented is materially different from the proposed merger to which the decision relates.
15. Rescission of decision
(1) The Commission may rescind a decision made under section 13 of this Schedule if it has reason to believe—
- (a) if the merger has not been carried into effect, that there has been a material change of circumstances since the decision was made; or
- (b) whether or not the merger has been carried into effect—
- (i) that the information provided by a person involved in the merger, on which it based its decision was incomplete, false or misleading in a material particular; or
- (ii) that an undertaking has failed to observe any condition or limitation subject to which the decision has effect.
(2) Before rescinding a decision under this section, the Commission must—
