38D.— (1) A person commits an offence if, having been required to appear before the Commission in compliance with a requirement made under section 38A, the person fails to comply with the requirement, and has not been excused, or released from further attendance, by the Commission.

F102[(2) Subsection (1) does not apply if—

(a) the person has a reasonable excuse, or

(b) the requirement under section 38A was made in relation to an investigation, hearing or any other matter under Part 2C of the Competition Act 2002.]]