Section 38: Guidelines and procedural rules
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
38. Guidelines and procedural rules
(1) The Commission shall publish—
(a) guidelines on the economic and legal analysis which shall be
used for the determination of cases under this Act;
(b) guidelines on the principles which shall be used for the determination of penalties or remedies imposed under the Act, and on
the manner in which turnover is to be calculated for the purposes of section 59;
(c) procedural rules specifying the procedures which the Commission shall follow when carrying out its functions under the Act.
(2) The Commission may, from time to time, review and publish the
revised versions of its guidelines and procedural rules.
(3) In formulating and publishing the procedural rules, the Commission
shall have regard to—
(a) the principles of natural justice;
(b) the need for fairness between parties;
(c) subject to paragraphs (a) and (b), the need for expeditious determination of any matter before the Commission.
C36A – 15 [Issue 5]
Competition Act
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Questions this section answers
- Does the Competition Commission have to publish guidelines on how it calculates penalties?