Section 35
Section 35
This section applies if the Commission has commenced but not completed an investigation under section 14.
(2)
If the Commission has reasonable grounds to believe that any prohibition under this Act has been infringed or is likely to be infringed and the Commission considers that it is necessary for it to act under this section as a matter of urgency for the purpose of—
(a)
preventing serious and irreparable damage, economic or otherwise, to a particular person or category of persons; or
(b)
protecting the public interest, it may give such direction as it considers to be appropriate and proportionate for that purpose.
(3)
A direction given under subsection (2) may include requiring or causing any person—
(a)
to suspend the effect of, and desist from acting in accordance with, any agreement which is suspected of infringing any prohibition under Part II;
(b)
to desist from any conduct which is suspected of infringing any prohibition under Part II; or
(c)
to do, or refrain from doing, any act, but which shall not require the payment of money.
Competition 31
(4)
The Commission shall, before giving a direction under subsection (2)—
(a)
serve a written notice to the person to whom it proposes to give the direction; and
(b)
give that person an opportunity to make written representations within a period of at least seven days from the date of the written notice.
(5)
A notice under subsection (4) shall indicate the nature of the direction which the Commission proposes to give and its reasons for giving the direction.
(6)
The Commission may at any time withdraw a direction given under subsection (2).
(7)
Without prejudice to subsection (6), any direction given under subsection (2) shall cease to have effect—
(a)
on the date of the decision by the Commission upon completion of the investigation under section 14; or
(b)
twelve months from the date the direction was given, whichever is earlier.