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38 :(b) apply to it for a decision.

(2) Subject to subsections (3) and (5), on an application under this section, the Commission may make a decision as to—
 * (a) whether the section 54 prohibition has been infringed; and
 * (b) if it has not been infringed, whether that is—
 * (i) because of the effect of an exclusion; or
 * (ii) because the merger is exempted from the prohibition under subsection (3).

(3) Where the Commission proposes to make a decision that the section 54 prohibition has been infringed, the Commission shall give written notice to the party who applied for the merger to be considered and the party may, within 14 days of the date of the notice, apply to the Minister for the merger to be exempted from the section 54 prohibition on the ground of any public interest consideration.

(4) The decision of the Minister made under subsection (3) shall be final.

(5) Where the Minister exempts a merger under subsection (3), the Commission may make a decision under subsection (2)(b)(ii).

(6) The Minister may revoke the exemption of a merger granted under subsection (3) if he has reasonable grounds for suspecting that the information on which he based his decision was incomplete, false or misleading in a material particular.

Effect of guidance

59.—(1) This section shall apply to a merger if the Commission has determined an application under section 57 by giving guidance that the merger is unlikely to infringe the section 54 prohibition.

(2) The Commission shall take no further action under this Part with respect to the merger to which this section applies, unless—
 * (a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;
 * (b) it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular; or