Division 2—Investigations
39. Power to conduct investigations
(1) The Commission may conduct an investigation into any conduct that constitutes or may constitute a contravention of a competition rule—
- (a) of its own volition;
- (b) where it has received a complaint under this Part;
- (c) where the Court of First Instance or the Tribunal has referred any conduct to it for investigation under section 118; or
- (d) where the Government has referred any conduct to it for investigation.
(2) Despite subsection (1), the Commission may only conduct an investigation under this Part if it has reasonable cause to suspect that a contravention of a competition rule has taken place, is taking place or is about to take place.
40. Guidelines regarding investigations
The Commission must issue guidelines indicating—
- (a) the procedures it will follow in deciding whether or not to conduct an investigation under this Part; and
- (b) the procedures it will follow in conducting any investigation under this Part.
41. Powers to obtain documents and information
(1) This section applies where the Commission has reasonable cause to suspect that a person has or may have possession or control of documents or information or may otherwise be able to assist it in relation to a matter that constitutes or may constitute a contravention of a competition rule.
(2) For the purpose of conducting an investigation, the Commission may by notice in writing require any person—
- (a) to produce to it any document or a copy of any document; or
- (b) to provide it with any specified information,
relating to any matter it reasonably believes to be relevant to the investigation.
(3) A notice under subsection (2) must indicate—
- (a) the subject matter and purpose of the investigation; and
- (b) the nature of the offences created by section 52 (Failure to comply with requirement or prohibition), section 53 (Destroying or falsifying documents) and section 55 (Providing false or misleading documents or information).
