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Commission's enquiry and report on monopoly.
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10.—(1) (a) Where the Minister is of opinion that an enquiry should be held into an apparent monopoly—
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(i) he may request the Commission through the Examiner to hold such an enquiry, and
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(ii) the Commission shall comply with the request.
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(b) The following provisions shall apply in relation to a request under subsection (1) (a):—
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(i) where the Minister so directs, a request shall be transmitted forthwith by the Examiner to the Commission;
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(ii) a request may be accompanied by such report, if any, as the Minister may provide, and the report shall be transmitted by the Examiner to the Commission with the request;
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(iii) nothing in this subsection shall be construed as preventing the Examiner from making available to the Commission any relevant information in his possession.
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(2) Where the Examiner states in a report under section 16 (1) of the Act of 1972 that he is of opinion that a monopoly exists which should be the subject of an enquiry by the Commission, or where the Commission holds an enquiry pursuant to a request under subsection (1), a report of the Commission under section 5 of the Act of 1972 of an enquiry held under that section shall state whether in the opinion of the Commission—
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(a) a monopoly exists,
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(b) if it does, it prevents or restricts competition or endangers the continuity of supplies or services or restrains trade or the provision of any service, or is likely to do any of these things,
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(c) any interference or likely interference with competition, the provision of services or the continuity of supplies or services or any restraint of trade or of the provision of a service such as are mentioned in paragraph (b) is or would be unfair or operates or would operate against the common good.
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(3) Any enquiry held by the Commission by virtue of this section shall be deemed to be an enquiry under section 5 of the Act of 1972.
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