- (c) a complaint about the merger has been made to it.
(3) No penalty may be imposed under this Part in respect of any infringement of the section 54 prohibition by a merger to which this section applies.
(4) The Commission may remove the immunity given by subsection (3) if—
- (a) it takes action under this Part with respect to the merger in one of the circumstances mentioned in subsection (2);
- (b) it considers that it is likely that the merger will infringe the section 54 prohibition; and
- (c) it gives notice in writing to the party on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
(5) If the Commission has reasonable grounds for suspecting that information—
- (a) on which it based its guidance; and
- (b) which was provided to it by a party involved in the merger,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.
Effect of decision that section 54 prohibition has not been infringed
60.—(1) This section shall apply to a merger if the Commission has determined an application under section 58 by making a decision that the merger has not infringed the section 54 prohibition.
(2) The Commission shall take no further action under this Part with respect to the conduct unless—
- (a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or
- (b) it has reasonable grounds for suspecting that the information on which it based its decision was incomplete, false or misleading in a material particular.
