Section 43A - Power to impose penalty for nonfurnishing of information on combination

Penalty for failing to furnish merger information may be imposed, assessed against the higher of turnover, assets or transaction value.

Where a person or enterprise fails to notify the Commission as required, contravenes filing obligations, or fails to submit information in response to a Commission inquiry, the Commission may impose a penalty on that person or enterprise calculated by reference to the combination and based on the higher of total turnover, assets or the value of the transaction. A proviso permits parties to file a mandatory notice within thirty days where a prior voluntary notice is declared void ab initio, during which the Commission will not initiate penalty action.