Page:Competition Ordinance (Cap. 619).pdf/62

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COMPETITION ORDINANCE
Ord. No. 14 of 2012
A1445

(2) In this section—

“pre-emptive action” (先發制人行動) means any action that might prejudice the hearing of the application under section 97 or any final order that the Tribunal might make on the hearing of the application.

Subdivision 2—Mergers

99. Application to Tribunal for order

(1) If the Commission, after carrying out such investigation as it considers appropriate, has reasonable cause to believe that a merger contravenes the merger rule, it may apply to the Tribunal for an order under section 100.

(2) An application for an order under subsection (1) must be made within the period of 6 months after the day on which the merger was completed or the Commission became aware of the merger, whichever is the later.

(3) Despite subsection (2), the Tribunal may, on application by the Commission made before the expiry of the period referred to in that subsection, extend the period within which an application under subsection (1) may be made if the Tribunal considers it reasonable to do so.

100. Proceedings in relation to mergers

(1) If the Tribunal is satisfied, on application by the Commission under section 99, that a merger contravenes the merger rule, it may make any order it considers appropriate for the purpose of bringing the contravention to an end.

(2) An order made under subsection (1) may contain anything permitted by Schedule 4.

Division 5—Disqualification Orders

101. Disqualification order

(1) In the circumstances specified in section 102, the Tribunal may, on application by the Commission, make a disqualification order against a person.

(2) A disqualification order is an order that a person may not, without the leave of the Tribunal—

(a) be, or continue to be, a director of a company;
(b) be a liquidator or provisional liquidator of a company;