Competition and Consumer Protection Act 2014

46F

F28[Action by Commission after receiving a report

46F. (1) After the authorised officer has complied with subsections (6) and (7) of section 46D, the Commission shall, subject to subsection (2), give the inquiry subject—

(a) a copy of this section, and

(b) a notice in writing that the inquiry subject may make submissions in writing to the Commission on the final report to which section 46D applies within the period of 28 days from the date the inquiry subject receives the notice, or such further period as the Commission may allow.

(2) The Commission need not comply with subsection (1) if it holds an oral hearing under subsection (3) at which the inquiry subject may make submissions to it on the final report to which section 46D applies.

(3) The Commission shall, at any time after the authorised officer has complied with subsections (6) and (7) of section 46D, conduct an oral hearing in accordance with the Schedule if it considers necessary to do so in order for the procedures under this Part to operate fairly.

(4) The Commission may, at any time after the authorised officer has complied with subsections (6) and (7) of section 46D, do any of the following that it considers necessary to resolve an issue of fact or otherwise enable it to make a decision under section 46G:

(a) request the inquiry subject to provide the Commission with further information within such period as the Commission specifies;

(b) request any other person to provide the Commission with further information within such period as the Commission specifies;

(c) for the purposes of a request under paragraph (b) or in an oral hearing under paragraph (d), provide a copy of the final report, or of part of the final report, with any redactions the Commission considers necessary, to the person the request is made to;

(d) conduct an oral hearing in accordance with the Schedule.

(5) As soon as is practicable after making a request under subsection (4)(b), the Commission shall give the inquiry subject a copy of the request.

(6) As soon as is practicable after receiving any information pursuant to a request under subsection (4)(b), the Commission shall give the inquiry subject—

(a) a copy of the information, and

(b) a notice in writing stating that the inquiry subject may make submissions in writing to the Commission on the information within the period of 28 days from the date the inquiry subject receives the notice, or such further period as the Commission may allow.

(7) A person who receives a copy of a report, or of part of a report, under subsection (4)(c) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report to any other person.

(8) A person who, without reasonable excuse, contravenes subsection (7) shall be guilty of a category 1 offence.]

Annotations

Amendments:

F28

Inserted (31.07.2026) by Regulation of Artificial Intelligence Act 2026 (31/2026), s. 136, S.I. No. 403 of 2026.