Competition and Consumer Act 2010

This section applies in relation to the Commission making an acquisition determination in respect of a notification of an acquisition.

Before making the acquisition determination, the Commission may do any of the following:

give any persons who appear to the Commission to be interested a written notice inviting written submissions, to be made to the Commission within a specified period, in relation to the proposed acquisition;

give any party to the acquisition a written notice requesting the party to give the Commission (orally or in writing), within a specified period, additional information relevant to making the determination;

give a person a written notice requesting the person to give the Commission (orally or in writing), within a specified period, particular information relevant to making the determination;

consult with such persons as the Commission believes to be reasonable and appropriate for the purposes of making the determination.

The Commission must not give a request under paragraph (2)(b) or (c) on or after the start of the 15 business days mentioned in subsection (5) unless:

the notifying party of the notification agrees in writing to the Commission making the request; or

the request relates to information the Commission received before those 15 business days; or

the determination is a determination under subsection 51ABZE(1) and the notification is not subject to phase 2 review.

In making the acquisition determination, the Commission:

must take into account any submissions or information received under paragraph (2)(a), (b) or (c) of this section within the period specified in the notice mentioned in that paragraph; and

subject to subsection (5) may, but need not, take into account any submissions or information received after the end of those periods; and

subject to subsection (5), must take into account any information obtained from consultations under paragraph (2)(d).

The Commission must not take into account submissions or information received or obtained later than 15 business days before the end of:

if the determination is a determination under subsection 51ABZE(1) and the notification is subject to phase 2 review—the phase 2 determination period for the notification; or

if the determination is a determination under subsection 51ABZW(1) in respect of a public benefit application—the determination period in relation to the application.

This subsection does not apply during the phase 1 determination period.

Subsection (5) does not apply to information given in accordance with a request made as mentioned in subsection (3).

Subsections (4) and (5) of this section do not limit:

section 51ABZL (submissions in response to notice of competition concerns); or

section 51ABZZB (submissions in response to public benefit assessment).