| (1) | Upon completing a market inquiry, the Competition Commission must publish a report of the inquiry in the Gazette, and must submit the report to the Minister with recommendations, which may include, but are not limited to— |
| (a) | recommendations for new or amended policy, legislation or regulations; and |
| (b) | recommendations to other regulatory authorities in respect of competition matters. |
| (2) | Section 21(3), read with the changes required by the context, applies to a report to the Minister in terms of subsection (1). |
| (3) | On the basis of information obtained during a market inquiry, the Competition Commission may— |
| (a) | initiate a complaint and enter into a consent order with any respondent, in accordance with section 49D, with or without conducting any further investigation; |
| (b) | initiate a complaint against any firm for further investigation, in accordance with Part C of Chapter 5; |
| (c) | initiate and refer a complaint directly to the Competition Tribunal without further investigation; |
| (d) | take any other action within its powers in terms of this Act recommended in the report of the market inquiry; or |
| (e) | take no further action. |
| (4) | Before the completion of the market inquiry, the Competition Commission must take appropriate steps to communicate, and where necessary on a confidential basis, to any person who is materially affected by any provisional finding, decision, remedial action or recommendation of the market inquiry in terms of this section and call for comments from them. |
| (5) | The Competition Commission must have regard to any further information or submissions received in terms of subsection (4) when deciding the action or making the recommendation in terms of section 43D(1) and (2). |
[Section 43E inserted by section 26 of Notice 175, GG 42231, dated 14 February 2019]
