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50
NO. 46 OF 2004


(ii) to dispose of such operations, assets or shares of such undertaking in such manner as may be specified by the Commission;
(iii) to pay to the Commission such financial penalty in respect of the infringement as the Commission may determine; and
(iv) to provide a performance bond, guarantee or other form of security on such terms and conditions as the Commission may determine.

(3) For the purpose of subsection (2)(d)(iii), the Commission may impose a financial penalty only if it is satisfied that the infringement has been committed intentionally or negligently.

(4) No financial penalty fixed by the Commission under this section may exceed 10% or such other percentage of such turnover of the business of the undertaking in Singapore for each year of infringement for such period, up to a maximum of 3 years, as the Minister may, by order published in the Gazette, prescribe.

(5) The Commission shall, in any direction requiring the payment of a financial penalty, specify the date before which the financial penalty is to be paid, being a date not earlier than the end of the period within which an appeal against the direction may be brought under section 71.

Notification

70. The Commission shall, within 14 days of its making any decision or direction under this Part, notify any person affected by such decision or direction.

PART IV
APPEALS

Division 1—General

Appealable decisions

71.—(1) Any party to an agreement in respect of which the Commission has made a decision, any person in respect of whose conduct the Commission has made a decision, or any party involved in a merger in respect of which the Commission has made a decision, may appeal within