Division 4—Contraventions of Merger Rule
Subdivision 1—Anticipated Mergers
97. Proceedings in relation to anticipated mergers
(1) If the Commission, after conducting an investigation, has reasonable cause to believe that arrangements are in progress or in contemplation which, if carried into effect, will result in a merger that is likely to contravene the merger rule, it may apply to the Tribunal for an order under this section.
(2) If the Tribunal is satisfied, on application made under this section, that arrangements are in progress or in contemplation which, if carried into effect, will result in a merger that is likely to contravene the merger rule, it may make an order directed against a party to the arrangements or any other person—
- (a) ordering the person against whom the order is directed not to proceed with the merger;
- (b) ordering the person against whom the order is directed not to proceed with a part of the merger;
- (c) in addition to or instead of an order referred to in paragraph (b), prohibiting the person against whom the order is directed from doing anything that will result in a merger.
(3) If the Tribunal is not satisfied that an arrangement, if carried into effect, will result in a merger that is likely to contravene the merger rule, it may make a declaration to that effect.
(4) An order under this section may contain anything permitted by Schedule 4.
98. Interim orders
(1) If an application has been made to the Tribunal under section 97 but has not yet been finally determined, the Tribunal may, either of its own motion or on application by the Commission, make interim orders for the purpose of preventing pre-emptive action, including orders—
- (a) prohibiting or restricting the doing of things that the Tribunal considers would constitute pre-emptive action;
- (b) imposing on any person concerned obligations as to the carrying on of any activities or the safeguarding of any assets;
- (c) providing for the carrying on of any activities or the safeguarding of any assets either by the appointment of a person to conduct or supervise the conduct of any activities (on any terms and with any powers that may be specified or described in the order) or in any other manner.
