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Decision following joint investigation to which Article 60 applies
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28. The Principal Act is amended by the insertion of the following section after section 139ZS:
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“139ZSA. (1) A decision under section 139ZS, where the report referred to in subsection (1) of that section relates to a joint investigation to which Article 60 applies, constitutes the preliminary position referred to in that Article, and (subject to subsections (5) to (7)) sections 139ZT, 139ZU and 139ZV do not apply in relation to the decision.
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(2) As soon as is practicable after making a decision to which subsection (1) applies, the Commission shall give notice in writing of the decision to the inquiry subject.
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(3) A notice under subsection (2) shall—
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(a) set out the decision and the reasons for it, and
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(b) state the effect of subsections (1) and (5) to (7).
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(4) Where the Commission makes a communication under Article 60(2) in relation to a decision to which subsection (1) applies, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made.
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(5) If in relation to a decision to which subsection (1) applies—
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(a) no referral is made under Article 60(3), or
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(b) following a referral, the European Commission does not make a request under Article 59(3) for the matter to be reviewed,
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the Commission shall adopt the decision as its final decision.
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(6) If, in relation to a decision to which subsection (1) applies, the European Commission makes a request under Article 59(3) for the matter to be reviewed, the Commission may, following the review and subject to Article 59(3), do any of the following:
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(a) adopt the decision as its final decision;
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(b) request a person authorised under section 139ZI(2) to give a direction under subsection (1) of that section for a new investigation;
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(c) take any other action that appears to the Commission to be necessary to ensure compliance with the Digital Services Regulation.
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(7) Where the Commission adopts a decision to which subsection (1) applies as its final decision, sections 139ZT, 139ZU and 139ZV shall apply in relation to the decision.”.
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