Page:Competition Ordinance (Cap. 619).pdf/49

68. Person not obliged to make commitment

A person is not obliged to make a commitment to comply with the requirements of an infringement notice, but if a person does not make the commitment within the compliance period, the Commission may bring proceedings against that person in the Tribunal in relation to the alleged contravention of the conduct rule.

69. Contents of infringement notice

An infringement notice must—

(a) identify the conduct rule alleged to have been contravened;

(b) describe the conduct that is alleged to contravene that conduct rule;

(c) identify the person whose conduct is alleged to constitute the

contravention;

(d) identify the evidence or other materials that the Commission relies on in support of its allegations;

(e) specify the requirements to be complied with by the person to whom the notice is addressed;

(f) specify both the notification period and the compliance period; and

(g) be accompanied by a copy of section 68 (Person not obliged to make commitment).

70. Notice of proposal to issue infringement notice

(1) Before issuing an infringement notice to any person under section 67, the Commission must—

(a) give that person a notice under this section; and

(b) consider any representations made in accordance with the notice.

(2) A notice under this section must—

(a) state that an infringement notice is proposed to be issued;

(b) contain a draft of the proposed infringement notice; and

(c) specify a period, being a period of not less than 15 days, within which representations may be made as to why the infringement notice should not be issued.

(3) If a person makes a representation in response to a notice issued under this section—

(a) evidence or information provided to the Commission in that representation may not be used against that person; and