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Section 36

Proposed decision by the Commission

of Competition Act 2010

ActIn forceProvision 36 of 67
Section 36
(1)

If, after the completion of the investigation, the Commission proposes to make a decision to the effect that one of the prohibitions under Part II has been or is being infringed, the Commission shall give written notice of its proposed decision to each enterprise that may be directly affected by the decision.

(2)

The notice shall—

(a)

set out the reasons for the Commission’s proposed decision in sufficient detail to enable the enterprise to whom the notice is given to have a genuine and sufficient prospect of being able to comment on the proposed decision on an informed basis;

Act 712

(b)

set out any penalties or remedial action that the Commission proposes to apply; and

(c)

inform each enterprise to whom the notice is given that the enterprise may, within such reasonable period as may be specified in the notice—

(i)

submit written representations to the Commission;

and

(ii)

indicate whether it wishes to make an oral representation before the Commission.