Section 80Part 12 — Anti-competitive practices
Penalties for infringing section 66 or 70 prohibitions
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80. (1) Where the Office has decided that an agreement has infringed either or both of the section 66 or section 70 prohibition, the Office shall give to the sectoral provider or the undertaking involved notice in writing of the decision and the Office’s reasons for the decision and shall invite the sectoral provider or the undertaking to show cause why the Office should not proceed to act on its decision.
A notice to show cause shall state that, within fourteen days of service, the sectoral provider or the undertaking on whom it is served may make representations in writing or otherwise show cause to the Office concerning the matter, and the Office shall not determine the matter without considering any submissions or representations received within that period of fourteen days.
Where, after hearing representations under subsection (2), the Office is of the opinion that its decision is correct, it shall so notify the sectoral provider or the undertaking as soon as possible and, in the case of an infringement of a section 66 prohibition or section 70 prohibition, the Office —
may require the sectoral provider or undertaking to pay a penalty in respect of the infringement; and
may suspend or revoke any authorisation issued to the sectoral provider.
The Office may impose a penalty on a sectoral provider or an undertaking under subsection (3) only if it is satisfied that the infringement has been committed intentionally or negligently by the undertaking.
Notice of a penalty under this section shall be in writing and shall specify the date before which the penalty is required to be paid.
The date specified under subsection (5) shall not be earlier than the end of the period within which an appeal against the notice may be brought.
A penalty fixed by the Office under this section in respect of any single infraction of section 66 or 70 by a sectoral provider or undertaking shall not exceed three million dollars. Section 81 Utility Regulation and Competition Act (2024 Revision) Page 56 Revised as at 31st December, 2023 c
Any sums received by the Office under this section shall be paid into the reserve fund.
Cross References
- Section 66 of Utility Regulation And Competition Act
agreements preventing, restricting or distorting competition
- Section 70 of Utility Regulation And Competition Act
abuse of dominant position