Section 38
Conduct of hearings
Notwithstanding section 37, the Commission may at any time conduct a hearing for the purpose of determining whether an enterprise has infringed or is infringing any prohibition under Part II.
Competition 33
(2)
If the Commission determines that a hearing is to be held, it shall give at least fourteen days notice in writing to the enterprise concerned and to other interested third parties—
(a)
recording its decision to convene the hearing;
(b)
specifying the date, time and place for the holding of the hearing; and
(c)
stipulating the matters to be considered at the hearing.
(3)
When the Commission decides to hold a hearing, it shall also decide—
(a)
whether to hold individual hearings with each of the enterprises and any other interested third parties separately or to hold a single hearing attended by all the enterprises involved and the interested third parties;
and
(b)
whether to hold a hearing—
(i)
in public; or
(ii)
in a closed session, for the purpose of protecting confidential information.
(4)
The hearing shall be governed by and conducted in accordance with the procedural rules for the time being in effect, as published by the Commission.
(5)
The Commission shall keep a record of the hearing as is sufficient to set out the matters raised by any person participating in the hearing.
(6)
An enterprise may be represented at a hearing by—
(a)
any of its authorized officers or employees;
(b)
any advocate and solicitor;
(c)
any person falling within the description specified for that purpose in the Commission’s procedural rules; or
(d)
any other person, with the consent of the Chairman.
Act 712