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40 (3) No penalty may be imposed under this Part in respect of any infringement of the section 54 prohibition by a merger to which this section applies.

(4) The Commission may remove the immunity given by subsection (3) if—
 * (a) it takes action under this Part with respect to the merger in one of the circumstances mentioned in subsection (2);
 * (b) it considers that it is likely that the merger will infringe the section 54 prohibition; and
 * (c) it gives notice in writing to the party on whose application the decision was made that it is removing the immunity as from the date specified in its notice.

(5) If the Commission has reasonable grounds for suspecting that information—
 * (a) on which it based its decision; and
 * (b) which was provided to it by a party involved in the merger,

was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given. Division 5—Enforcement Guidelines on enforcement of Part

61.—(1) The Commission may, from time to time and with a view to enabling any person to order his affairs in compliance with the provisions of this Part, cause to be published in the Gazette guidelines indicating the manner in which the Commission will interpret, and give effect to, the provisions of this Part.

(2) For the purpose of preparing any guidelines under subsection (1), the Commission may consult with such persons as it thinks appropriate.

(3) Where the guidelines would apply to an industry or a sector of industry that is subject to the regulation and control of another regulatory authority, the Commission shall, in preparing those guidelines, consult with that regulatory authority.