(4) The decision of the Minister under subsection (3) shall be final.
(5) Where the Minister exempts a merger under subsection (3), the Commission may make a decision that the section 54 prohibition has not been infringed because the merger is exempt from the prohibition.
(6) The Minister may revoke the exemption of a merger granted under subsection (3) if he has reasonable grounds for suspecting that the information on which he based his decision was incomplete, false or misleading in a material particular.
Enforcement of decision of Commission
69.—(1) Where the Commission has made a decision that an agreement infringes the section 34 prohibition, conduct infringes the section 47 prohibition or a merger infringes the section 54 prohibition, the Commission may give to such person as it thinks appropriate such directions as it considers appropriate to bring the infringement to an end, and where necessary, requiring that person to take such action as is specified in the direction to eliminate the harmful effect of such infringement and to prevent the recurrence of such infringement.
(2) A direction referred to in subsection (1) may, in particular, include provisions—
- (a) where the decision is that any agreement infringes the section 34 prohibition, requiring parties to the agreement to modify or terminate the agreement;
- (b) where the decision is that any conduct infringes the section 47 prohibition, requiring the person concerned to modify or cease the conduct;
- (c) where the decision is that any merger infringes the section 54 prohibition, requiring the merger to be dissolved or modified in such manner as the Commission may direct; and
- (d) in any case, requiring any party to an agreement that infringes the section 34 prohibition, any person whose conduct infringes the section 47 prohibition or any party involved in a merger that infringes the section 54 prohibition—
- (i) to enter such legally enforceable agreements as may be specified by the Commission and designed to prevent or lessen the anti-competitive effects which have arisen;
