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SCHEDULES

SCHEDULE 2Appeals under sections 24 and 25

PART 6General

Enforcement of requirements in relation to evidence etc

28(1)This paragraph applies where a person (“P”)—

(a)fails to comply with a notice under paragraph 24, 25 or 26,

(b)fails to comply with any other requirement imposed under paragraph 24, 25 or 26,

(c)in complying with a notice under paragraph 26, makes a statement that is false or misleading in a material respect, or

(d)in providing information verified by a statement of truth required by appeal rules, provides information that is false or misleading in a material respect.

(2)A member of the Competition Commission may certify to the appropriate court—

(a)the failure,

(b)the fact that P has made a false or misleading statement in circumstances described in sub-paragraph (1)(c), or

(c)the fact that P has provided false or misleading information in circumstances described in sub-paragraph (1)(d).

(3)The appropriate court may inquire into the certified failure or act and, if it does so, must hear—

(a)any witness against P,

(b)any witness on behalf of P, and

(c)any statement in P’s defence.

(4)The appropriate court may punish P as if P had been guilty of contempt of court if it is satisfied that—

(a)the certified failure or act took place, and

(b)P did not have a reasonable excuse for the failure or act.

(5)Where P is a body corporate, the appropriate court may punish any director or other officer of that body, either instead of or as well as punishing the body.

(6)In this paragraph “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.