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Amendment of section 20 of Principal Act
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17. Section 20 of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (2):
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“(2) (a) Where the Commission is of the opinion that it requires, in order to consider a merger or acquisition for the purposes of this Part, further information from—
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(i) any one or more of the undertakings involved in the merger or acquisition, or
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(ii) any other person or undertaking that it considers may have information relevant to the Commission’s consideration of the merger or acquisition,
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it may require, by notice in writing served on that person or that undertaking, to provide to it, within such period as it specifies, specified information that is in the power or control of that person or that undertaking.
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(b) Where the Commission makes a requirement of a person or undertaking under paragraph (a)—
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(i) the person or undertaking of whom such a requirement is made shall comply with it, and
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(ii) the following person shall certify in writing that, to the best of his or her knowledge and belief, the person or undertaking has complied with a requirement under this section:
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(I) where the undertaking is a body corporate, a director or other similar officer of the undertaking or a person who purports to act in such capacity;
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(II) where the undertaking is a partnership, a partner in the partnership;
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(III) in the case of a form of undertaking other than a body corporate or a partnership, the individual in control of the undertaking;
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(IV) where the request is made of a natural person, the person.
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(c) The Commission shall, within 10 working days from the date on which it is provided with a certification under paragraph (b)(ii), notify the person providing that certificate whether or not it is satisfied that the requirement to which the certification relates has been complied with.”,
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(b) by the substitution of the following subsection for subsection (2A):
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“(2A) If, before the expiration of the period specified in a notice under subsection (2), an undertaking on which, or person on whom, the notice was served requests, in writing, an extension to the specified period, the Commission may, where it considers it appropriate to do so, extend that period, and where such an extension is granted that undertaking or person shall comply with the requirement under subsection (2) within the specified period as so extended.”,
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and
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(c) in subsection (2B), by the substitution of “an undertaking or person referred to in subsection (2A)” for “the undertaking or undertakings concerned”.
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