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Section 16

Close of an investigation

of Competition Act 2010

ActIn forceProvision 16 of 67
Section 16
(1)

If a complaint has been made to the Commission under section 15 in relation to an infringement, the Commission may make inquiries on the complainant for the purpose of deciding whether the Commission should, in its discretion, investigate the matter.

(2)

If the Commission, after such inquiries mentioned in subsection (1), decides not to investigate such complaint, it shall as soon as practicable and in such manner as it thinks fit, inform the complainant of the decision and the reasons for the decision.

Act 712

(3)

Notwithstanding subsections (1) and (2), the Commission may, after deciding to investigate the complaints under section 15, at any time, decide to close an investigation of an infringement under this Act, if the Commission is of the opinion that—

(a)

it would be inappropriate to continue the investigation in view of the provision of an undertaking pursuant to section 43; or

(b)

in all the circumstances the continuation of the investigation would not constitute the making of the best use of the Commission’s resources.

(4)

When deciding to close an investigation, the Commission shall publish a statement that the investigation has been closed, and set out a brief summary of the Commission’s reasons for closing that investigation.