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Requests for information relating to investigations
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34. The Act of 2014 is amended by the insertion of the following section after section 37:
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“37A. (1) In the course of investigating a suspected infringement of relevant competition law, the Commission, or a person to whom functions relating to such an investigation have been delegated under section 10(6), may in writing require a person or undertaking under investigation to provide the Commission or delegate, as the case may be, with information that is connected to, and reasonably necessary for, the purposes of the investigation.
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(2) A requirement under subsection (1)—
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(a) shall specify a period of time within which it is to be complied with, which period shall be reasonable having regard to the nature of the request, the context in which the information is requested and the circumstances of the person or undertaking of whom the requirement is made, and
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(b) shall not require a person or undertaking of whom it is made to admit to having infringed relevant competition law.
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(3) A person or undertaking of whom a requirement under subsection (1) is made shall comply with it within the period specified in the requirement.
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(4) A person who—
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(a) provides the Commission or delegate, as the case may be, with information that the person knows, or ought reasonably to know, is false or misleading in a material respect, or
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(b) fails, without reasonable cause, to provide information pursuant to a requirement under subsection (1),
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is guilty of an offence.
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(5) A person guilty of an offence under this section is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or
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(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both.”.
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