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CMA Final · Corporate and Economic Laws · The Competition Act, 2002

The Commission forms the opinion that a proposed combination is likely to have an appreciable adverse effect on competition and issues a statement of objections under section 29A. The parties submit an offer of modification, which the Commission finds insufficient. Which sequence matches section 29A?

Parties have twenty-five days from receiving the statement of objections to explain. If the Commission does not accept their modification, it must give reasons within seven days of receipt, and the parties may then furnish a revised modification within twelve days of that communication.

  1. AParties explain within fifteen days; Commission rejects within ten days; revised modification due within twenty days
  2. BParties explain within twenty-five days of receipt; Commission communicates its reasons within seven days of receiving the modification; parties may furnish revised modification within twelve days of that communicationCorrect
  3. CParties explain within thirty days; Commission rejects within twelve days; revised modification due within seven days
  4. DParties explain within twenty-five days; Commission communicates reasons within twelve days; revised modification due within seven days

Explanation

Section 29A(1) gives twenty-five days from receipt of the statement of objections. Under 29A(3), if the modification is not accepted, the Commission communicates why within seven days of receiving it and parties get twelve days from that communication to furnish a revised modification. The last option swaps the seven and twelve day periods.

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