Section 63: Undertakings

63. Undertakings (1) An enterprise may offer a written undertaking to the Commission to address any concern that has arisen, or is likely to arise, during an investigation in respect of a restrictive agreement subject to investigation, a monopoly situation or a merger situation. (2) The undertaking may be offered before the start of the investigation or at any stage during the investigation. (3) The Commission may, after having taken cognisance of the report of the Executive Director on the matter, determine a case on the basis of an undertaking if it considers that the undertaking satisfactorily addresses all the concerns it has about any prevention, restriction, distortion or substantial lessening of competition. (4) An undertaking accepted by the Commission shall be published by the Commission in the form of a decision of the Commission. (5) An undertaking accepted by the Commission shall have effect as if it were a direction under section 60. (S. 63 came into operation on 25 November 2009.)