Mergers, Take-Overs and Monopolies (Control) Act, 1978

Commission's enquiry and report on monopoly.

10.—(1) (a) Where the Minister is of opinion that an enquiry should be held into an apparent monopoly—

(i) he may request the Commission through the Examiner to hold such an enquiry, and

(ii) the Commission shall comply with the request.

(b) The following provisions shall apply in relation to a request under subsection (1) (a):—

(i) where the Minister so directs, a request shall be transmitted forthwith by the Examiner to the Commission;

(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;

(iii) nothing in this subsection shall be construed as preventing the Examiner from making available to the Commission any relevant information in his possession.

(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—

(a) a monopoly exists,

(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,

(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.

(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.