,
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815
(3) Where there is disagreement between the parties, the Commission may continue with its
investigation and both parties shall be obliged to comply with all the requirements of the Act and the
Regulations in respect of the submission of any information that the Commission may require.
(4) None of the parties to the merger may re-file the abandoned merger within a period of
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twelve months from the date of abandonment.
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(5) The Commission may in its discretion refund the filing fee or part thereof to the party that
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paid the fee.
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Third party intervention in merger proceedings
. 26. (1) A third party may, at their own initiative or at the request of the Commission, make
submissions to the Commission in confidence or not, in relation to a merger application.
(2) Third party comments to a merger application may be done orally or in writing to the
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Commission.
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(3) Where the Commission receives anonymous submissions, such submission may be
confirmed with other relevant third parties before it is used in the assessment of the merger
application.
(4) All submissions against the merger shall, within seven (7) days of their receipt, be availed to
the parties to the merger for their comments, of which the parties shall respond accordingly within
fourteen (14) days after receipt of same.
Revocation of authorization of proposed merger
27. (1) The Commission may within the time period set out in this Regulation and after complying
with the other provisions of this Regulation revoke a decision authorizing the implementation of a
merger if (a) the decision was based on materially incorrect or misleading information for which a
party to the merger is responsible; or
(b) a condition attached to the authorization of the merger that is material to the
implementation is not complied with.
(2) Where the Commission relies on sub-regulation (I )(a) as a basis for the revocation, it may
revoke its decision within three years from the date of authorization.
(3) Where the Commission relies on sub-regulation (I)(b) as a basis for the revocation, it may
revoke its decision within twelve months from the last day on which the merging parties should
have fully complied with the authorization conditions.
(4) If the Commission intends to revoke the authorization of a merger under sub-regulation (I )
(a) it shall(a) give notice in writing of the proposed revocation to the merging parties and interveners,
if any; and
(b) call upon such persons to submit to the Commission, within ten (10) days after receipt
of the notice, any representations which they wish to make in respect of the proposed
revocation.