SCHEDULES
SCHEDULE 2Appeals under sections 24 and 25
PART 6General
28Enforcement of requirements in relation to evidence etc
1
This paragraph applies where a person (“P”)—
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.