Section 79Part 12 — Anti-competitive practices
Interim measures
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79. (1) This section applies where the Office —
has grounds for believing that the section 66 prohibition has been infringed; or
has grounds for believing that the section 70 prohibition has been infringed, but has not completed its investigation into the matter.
Where the Office considers that it is necessary for it to act under this section as a matter of urgency for the purpose —
of preventing serious, irreparable damage to a particular person or category of person; or
of protecting the public interest or security interests of the Islands, it may give such directives as it considers necessary for that purpose without first giving notice to the person to whom the directive is issued.
In all other cases, the Office shall, before giving a direction under this section —
give written notice to any person to whom it proposes to give the direction; and
afford that person an opportunity to make oral or written representations to show cause why the Office ought not to give such a direction. Utility Regulation and Competition Act (2024 Revision) Section 80 c Revised as at 31st December, 2023 Page 55
A subsequent notice under subsection (2) and any advance notice under subsection (3) shall indicate the nature of the direction which the Office is proposing to give and its reasons therefor.
A direction given under this section has effect while subsection (1) applies, but may be replaced, if the circumstances permit, by a direction under section 76 or, as appropriate, section 77.
In any case where the section 66 prohibition is believed to have been infringed, sections 76(1) and 78 also apply to directives given under this section.
In any case where the section 70 prohibition is believed to have been infringed, sections 77(1) and 78 also apply to directives given under this section.