Page:Competition Ordinance (Cap. 619).pdf/130

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COMPETITION ORDINANCE—SCHEDULE 7
Ord. No. 14 of 2012
A1581
(a) in order to bring the proposed rescission to the attention of those persons the Commission considers likely to be affected by it, publish notice of the proposed rescission—
(i) stating that the Commission is considering rescinding the decision and the reasons why it is considering the rescission; and
(ii) inviting the persons to make representations about the proposed rescission within the period specified in the notice; and
(b) consider any representations received within the period specified in the notice.

(3) The notice referred to in subsection (2) must be published—

(a) through the Internet or a similar electronic network; and
(b) in any other manner the Commission considers appropriate.

(4) The period specified in a notice under subsection (2) must be a period of at least 30 days beginning after the day on which the notice is given.

(5) If, after—

(a) the expiry of the period specified in the notice given under subsection (2); and
(b) considering any representations received within that period,

the Commission is of the view that the decision should be rescinded, it may, by notice in writing given to each undertaking specified in the decision, rescind that decision.

(6) A notice of rescission given under subsection (5) must inform the undertakings of—

(a) the rescission and the reasons for the rescission;
(b) the date on which the determination to rescind the decision was made; and
(c) the date from which the rescission takes effect.

(7) If a decision is rescinded under this section, each undertaking specified in the notice of rescission loses its immunity from action under this Ordinance, as from the date the rescission takes effect, with regard to anything done after that date.

16. Register of merger decisions

(1) The Commission must establish and maintain a register of—

(a) all decisions made in respect of applications made under section 11 of this Schedule; and
(b) all notices of rescissions of such decisions, made under section 15 of this Schedule.