S.L. 379.8 ст. 9Time limits for initiating proceedings and for decisions.

(1) The decisions referred to in regulation 6(1) must be taken within six weeks from the day following that of the receipt of a notification or, if the information to be supplied with the notification is incomplete, from the day following that of the receipt of the complete information:

Provided that this period shall be increased to two months if, after notification of a concentration and not later than the end of the fifth week following the day of the receipt of the notification of the concentration, the undertakings concerned submit commitments pursuant to regulation 6(2) which are intended by the parties to form the basis for a decision pursuant to regulation 6(1)(ii): Provided further that following the end of the five-week period for submission of commitments, the undertakings concerned may request that the running of the periods mentioned above be suspended for a period of three weeks to discuss a new or substantially revised commitment proposal but it shall be at the discretion of the Director General whether or not to accede to this request.

(2) Decisions taken pursuant to regulation 8(2) concerning notified concentrations must be taken as soon as it appears that the serious doubts referred to in regulation 6(1)(iii) have been removed, particularly as a result of modifications made by the undertakings concerned, and at the latest by the deadline set in subregulation (3): Provided that when the undertakings concerned submit commitments with a view to rendering the concentration lawful in terms of these regulations following the initiation of proceedings envisaged by regulation 6(1)(iii) and by not later than the end of the third month following initiation of proceedings, they may request that the time limit prescribed in subregulation (3) be suspended for a period of up to one month for proper consideration of such commitments, which request the Director General may only refuse in exceptional circumstances.

(3) Decisions taken pursuant to regulation 8(3) concerning notified concentrations must be taken within not more than four months of the date on which proceedings are initiated subject to the proviso to subregulation (2).

(4) The periods set by subregulations (1) and (3) shall be suspended where the Director General has had to request information by decision pursuant to regulation 10 or to order an investigation by decision pursuant to regulation 11 because:

(i) information which the Director General has requested pursuant to regulation 10 from one of the notifying parties or another involved party, as defined in regulation 10, is not provided or not provided in full within the time limit fixed by the Director General;

(ii) information which the Director General has requested pursuant to regulation 10 from a third party, as defined in regulation 10, is not provided or not provided in full within the time limit fixed by the Director General owing to circumstances for which one of the notifying parties or another involved party, as defined in regulation 10, is responsible;

(iii) one of the notifying parties or another involved party, as defined in regulation 10, has refused to submit to an investigation deemed necessary by the Director General on the basis of regulation 11 or to cooperate in the carrying out of such an investigation in accordance with that regulation;

(iv) the notifying parties have failed to inform the Director General of material changes in the facts contained in the notification.

(5) The periods set by subregulations (1) and (3) shall be suspended in the cases referred to in subregulation (4)(i) and (ii) for the period between the end of the time limit fixed in the request for information and the receipt of the complete and correct information required by decision; in the cases referred to in subregulation (4)(iii) for the period between the unsuccessful attempt to carry out the investigation and the completion of the investigation ordered by decision; and in the cases referred to in subregulation (4)(iv) for the period between the occurrence of the change in the facts referred to therein and the receipt of the complete and correct information requested by decision or the completion of the investigation ordered by decision.

(6) Where the Court in a judgement annuls the whole or part of a decision adopted under these regulations by the Director General, the periods laid down in these regulations shall start again from the date of the judgment of the Court, or if an appeal from the judgment of the Court has been filed, from the date of the judgment of the Court of Appeal.

(7) Where the Director General has not taken a decision in accordance with regulation 6(1)(ii) or (iii) or regulation 8(2) or (3) within the deadlines set in subregulations (1) and (3) respectively, the concentration shall be deemed to have been declared lawful in terms of the provisions of these regulations.