S.L. 379.8 Art. 6Examination of the notification and initiation of proceedings.

(1) The Director General shall examine the notification within the time-limits set in regulation 9 and -

(i) where he concludes that the concentration notified does not fall within the scope of these regulations, he shall record that finding by means of a decision;

(ii) where he finds that the concentration notified, although falling within the scope of these regulations, does not raise serious doubts about its lawfulness in terms of the provisions of these regulations, he shall decide not to oppose it and shall declare it to be a lawful concentration and such a declaration shall also cover restrictions directly related and necessary to the implementation of the concentration;

(iii) where he finds that the concentration notified falls within the scope of these regulations and raises serious doubts as to its lawfulness in terms of the provisions of these regulations, he shall decide to initiate proceedings.

(2) Where the Director General finds that, following modification by the undertakings concerned, a notified concentration no longer raises serious doubts within the meaning of subregulation (1)(iii), he may decide to declare the concentration to be a lawful concentration pursuant to subregulation (1)(ii):

Provided that he may attach to his decision under subregulation (1)(ii) 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 the provisions of these regulations.

(3) The Director General may revoke the decision he has taken pursuant to subregulation (1)(i) and (ii) where -

(i) the decision is based on incorrect information for which one of the undertakings is responsible or where it has been obtained by deceit, or

(ii) the undertakings concerned commit a breach of a commitment attached to the decision, and in such a case he may then take a decision under subregulation

(1) without being bound by the deadlines referred to in regulation 9(1).

(4) The Director General shall notify his decision to the undertakings concerned without delay.