Page:Competition Ordinance (Cap. 619).pdf/48

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Division 2—Infringement Notices 66. Interpretation

In this Division—

“compliance period” (遵守限期) means the period within which a person who has notified the Commission that the person proposes to comply with the requirements of an infringement notice must make a commitment to comply with the requirements of the notice;

“notification period” (通知限期) means the period (being a period of not more than 28 days) within which a person to whom an infringement notice has been issued must notify the Commission whether or not the person proposes to comply with the requirements of the notice.

67. Commission may issue infringement notice

(1) Subsection (2) applies where—
 * (a) the Commission has reasonable cause to believe that—
 * (i) a contravention of the first conduct rule has occurred and the contravention involves serious anti-competitive conduct; or
 * (ii) a contravention of the second conduct rule has occurred; and
 * (b) the Commission has not yet brought proceedings in the Tribunal in respect of the contravention.

(2) The Commission may, instead of bringing proceedings in the Tribunal in the first instance, issue a notice (an “infringement notice”) to the person against whom it proposes to bring proceedings, offering not to bring those proceedings on condition that the person makes a commitment to comply with requirements of the notice.

(3) The requirements of an infringement notice may include, but are not limited to, the following requirements—
 * (a) to refrain from any specified conduct, or to take any specified action, that the Commission considers appropriate; and
 * (b) to admit to a contravention of the relevant conduct rule.

(4) The action that may be specified by the Commission under subsection (3)(a) does not include making a payment to the Government.