S8
(6) The Commission may consolidate two or more complaints under one investigation if they
concern the same firm as potential respondent.
Settlement agreements
13. (I) The Commission may, in its discretion initiate settlement negotiations with any or all of the
respondents in relation to a pending investigation with a view to resolving the competition issues
that are the subject of the investigation(a) where the Commission intends to initiate settlement negotiations with any respondent in
respect of an investigation initiated by a complainant other than the Commission, the
Commission shall(i) notify the complainant in writing of its intention to initiate settlement negotiations
with the respondent;
(ii) invite the complainant to submit its views regarding the proposed settlement
negotiations including any remedies preferred by the complainant; and
(iii) consider the complainant's views and proposed remedies in determining whether to
proceed with the initiation of the settlement negotiations;
(b) settlement negotiations initiated by the Commission shall follow the same format of
negotiations set out in sub-regulation (2) below with the necessary modifications;
and
.
(c) for the avoidance of doubt, the complainant's views and proposed remedies shall not be
binding on the Commission.
(2) If, at any time before the final determination of a complaint or investigation by the
Commission, a respondent is desirous of concluding a settlement agreement with the Commission, it
may, in writing, inform the Commission of its intention to negotiate a settlement agreement by
(a) setting out whether it is prepared to admit to a contravention of specific provisions of the
Act;
(b) proposing any remedies it considers appropriate for addressing the anti-competitive
trade practices complained of; and
(c) specifying the quantum of the penalty it is prepared to pay as part of its settlement
agreement with the Commission.
(3) Upon receiving a settlement proposal from a respondent enterprise, the Commission must
consider the terms of the proposed agreement and the remedies contained therein.
(4) Where any of the terms of the settlement agreement as proposed are unacceptable to the
Commission, the Commission may indicate alternative or additional terms that may be acceptable to
the Commission.
(5) Where the Commission and the respondent enterprise reach a preliminary agreement on the
terms of the settlement, the Commission shall, thereafter (a) notify the complainant, in writing, that a settlement agreement is being considered by the
Commission;