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Commitments

PART 1
Procedural Requirements for Acceptance and Variation of Commitments

1. Application

Section 2 of this Schedule applies where the Commission proposes to—

(a) accept a commitment under section 60;

(b) accept a variation of such a commitment under section 62; or

(c) accept a new commitment in substitution for such a commitment under section 62.

2. Notice

(1) Before accepting a commitment or variation, the Commission must—

(a) give notice of the proposed commitment or variation in any manner it considers appropriate for bringing it to the attention of those it considers likely to be affected by it; and

(b) consider any representations made (and not withdrawn) in response to the notice.

(2) A notice under subsection (1) must state—

(a) that the Commission proposes to accept the commitment or variation;

(b) the intended object and effect of the commitment or variation;

(c) whether the commitment or variation constitutes an admission of contravention of a competition rule;

(d) the situation that the commitment or variation is seeking to deal with;

(e) any other facts that the Commission considers to be relevant to the acceptance or variation of the commitment;

(f) a means of gaining access, at all reasonable times, to an accurate version of the proposed commitment or variation; and

(g) the period within which representations may be made in relation to the proposed commitment or variation.

(3) The period stated for the purpose of subsection (2)(g) must be at least 15 days beginning on the day on which the notice is given.