Part ICompetition
Chapter IIIInvestigation and Enforcement
Enforcement
35Interim measures
1
This section applies if the Director—
a
has a reasonable suspicion that the Chapter I prohibition has been infringed, or
b
has a reasonable suspicion that the Chapter II prohibition has been infringed,
but has not completed his investigation into the matter.
2
If the Director considers that it is necessary for him to act under this section as a matter of urgency for the purpose—
a
of preventing serious, irreparable damage to a particular person or category of person, or
b
of protecting the public interest,
he may give such directions as he considers appropriate for that purpose.
3
Before giving a direction under this section, the Director must—
a
give written notice to the person (or persons) to whom he proposes to give the direction; and
b
give that person (or each of them) an opportunity to make representations.
4
A notice under subsection (3) must indicate the nature of the direction which the Director is proposing to give and his reasons for wishing to give it.
5
A direction given under this section has effect while subsection (1) applies, but may be replaced if the circumstances permit by a direction under section 32 or (as appropriate) section 33.
6
In the case of a suspected infringement of the Chapter I prohibition, sections 32(3) and 34 also apply to directions given under this section.
7
In the case of a suspected infringement of the Chapter II prohibition, sections 33(3) and 34 also apply to directions given under this section.