- (a) attempts to contravene the rule;
- (b) aids, abets, counsels or procures any other person to contravene the rule;
- (c) induces or attempts to induce any other person, whether by threats or promises or otherwise, to contravene the rule;
- (d) is in any way, directly or indirectly, knowingly concerned in or a party to the contravention of the rule; or
- (e) conspires with any other person to contravene the rule.
Division 2—Pecuniary Penalty
92. Commission may apply for pecuniary penalty
(1) If, after carrying out such investigation as it considers appropriate, the Commission considers it appropriate to do so, it may apply to the Tribunal for a pecuniary penalty to be imposed on any person it has reasonable cause to believe—
- (a) has contravened a competition rule; or
- (b) has been involved in a contravention of a competition rule.
(2) An application under subsection (1) may not be made—
- (a) in the case of an application with respect to a contravention of the merger rule, more than 6 months after the day on which the merger was completed or the Commission became aware of the merger, whichever is the later; or
- (b) in the case of an application with respect to a contravention of a conduct rule, more than 5 years after the day on which the contravention ceased or the Commission became aware of the contravention, whichever is the later.
93. Tribunal may impose pecuniary penalty
(1) If the Tribunal is satisfied, on application by the Commission under section 92, that a person has contravened or been involved in a contravention of a competition rule, it may order that person to pay to the Government a pecuniary penalty of any amount it considers appropriate.
(2) Without limiting the matters that the Tribunal may have regard to, in determining the amount of the pecuniary penalty, the Tribunal must have regard to the following matters—
- (a) the nature and extent of the conduct that constitutes the contravention;
- (b) the loss or damage, if any, caused by the conduct;
