S.L. 379.8 Art. 8Powers of decision of the Director General.

(1) All proceedings initiated pursuant to regulation

6(1)(iii) shall be closed by means of a decision as provided in subregulations (2) to (5).

(2) Where the Director General finds that, following modification by the undertakings concerned if necessary, a notified concentration does not infringe regulation 4(1) and, in the cases referred to in regulation 4(3), fulfils the criteria laid down in article 5(3) of the Act, he shall issue a decision declaring the concentration lawful in terms of these regulations and such a decision shall also cover restrictions directly related and necessary to the implementation of the concentration: Provided that he may attach to his decision conditions and obligations intended to ensure that the undertakings concerned comply with the commitments they have entered into vis-a-vis the Director General with a view to rendering the concentration lawful in terms of these regulations.

(3) Where the Director General finds that a concentration infringes regulation 4(1) or, in the cases referred to in regulation 4(3), does not fulfil the criteria laid down in article 5(3) of the Act, he shall issue a decision declaring that the concentration is unlawful in terms of the provisions of these regulations.

(4) Where a concentration has already been implemented, the Director General may, in a decision pursuant to subregulation (3) or by a separate decision, require the undertakings or assets brought together to be separated or the cessation of joint control or any other action that may be appropriate in order to restore conditions of effective competition.

(5) The Director General may revoke the decision he has taken pursuant to subregulation (2) or take a decision pursuant to subregulation (3) without being bound by the deadline referred to in regulation 9(3) where -

(i) the decision is based on false, misleading or incomplete information for which one of the undertakings is responsible, or

(ii) the undertakings concerned commit a breach of a commitment attached to the decision.