Page:Competition Ordinance (Cap. 619).pdf/60

Rh

95. Interim orders

(1) Subject to subsection (2), if the Tribunal is satisfied that a person is engaged in or is proposing to engage in conduct that constitutes or would constitute a contravention of the competition rules, it may, either of its own motion or on application made for this purpose, make an interim order pending its determination of an application for an order under section 94.

(2) A person other than the Commission is not entitled to make an application under subsection (1) by reason that any other person is engaged in or is proposing to engage in conduct that contravenes or would contravene the merger rule.

(3) An interim order remains in force for the period, being a period of not more than 180 days, specified in the order, but this period may be extended by the Tribunal for a further period of not more than 180 days on any one occasion.

(4) An interim order may be made whether or not an application for a pecuniary penalty under section 92 or an order under section 94 has been made.

(5) The Tribunal may make an order under this section whether or not—
 * (a) the person against whom the order is to be made intends to engage again in or intends to continue to engage in the conduct that is to be the subject of the order;
 * (b) the person against whom the order is to be made has previously engaged in the conduct that is to be the subject of the order; or
 * (c) there is an imminent danger of damage or loss being incurred by any person if the order is not made.

96. Order to pay costs of Commission investigation

(1) The Tribunal may order any person who has contravened a competition rule to pay to the Government an amount equal to the amount of the costs of and incidental to any investigation into the conduct or affairs of that person, reasonably incurred by the Commission in connection with proceedings for the contravention.

(2) In this section—

“costs” (開支) include fees, charges, disbursements, expenses and remuneration.