Cap. 379 Art. 12CCommitments.

(1) Instead of delivering a judgement finding an infringement pursuant to article 13(1), the Court may issue a judgement declaring commitments offered by the undertaking and, or the association of undertakings concerned involved in a suspected infringement to be binding on them, if the commitments are such as to bring the suspected infringement to an end and where those commitments meet the competition concerns expressed in that case:

Provided that when delivering such judgement, the Court shall not impose any penalty and shall not specify as to whether there has been an infringement of articles 5, and, or 9 of the Act and, or Articles 101 and, or 102 of the TFEU.

(2) Commitments shall not be applicable where the suspected infringement concerns secret cartels or any other agreements, case by case assessment, after taking into consideration all the submissions of the parties to the proceedings, and any third party comments as provided in sub-article (5) as to whether commitments are the most appropriate measures to address the suspected infringement in the case at issue.

(3) The judgement may specify that those commitments may be adopted for a specific period of time and shall conclude that there are no longer grounds for action that can be taken by the Director General against the undertaking, and, or association of undertakings concerned.

(4) Where the Court intends to deliver a judgement under sub-article (1) and accepts the commitments proposed, it shall seek the views of market participants by publishing a concise summary of the case and the main contents of the commitments or of the proposed course of action on the Gazette, having regard to the legitimate interests of the undertakings as well as the protection of business secrets or other confidential information:

Provided that the Director General may request the authorisation of the Court to seek the views of market participants or of any other third parties by informing them directly regarding the proposed commitments, which request shall also include the authorization of the Court on the manner in which the said proposed commitments are to be published and the time within which all views of market participants or of any other third parties should be received in the registry of the Court.

(5) Any interested party may submit their observations in the records of the case within the time limit fixed by the Court in its publication:

Provided that the Director General and the undertaking and, or association of undertakings concerned shall be notified and given a copy of the third party comments.

(6) The Court shall reopen the proceedings upon a sworn application by the Director General only where:

(a) there has been a material change in any of the facts on which the judgment was based; or

(b) the undertaking and, or association of undertakings concerned acted contrary to its commitments; or

(c) the judgment was based on incomplete, incorrect, or misleading information provided by the undertaking, and, or association of undertakings concerned.