15.
| (1) Upon the conclusion of an investigation carried out in respect of any or all of the matters specified in section 11, if the Commission is of the opinion-
| | (a) that any monopoly or merger situation or anticipant practice exists but such monopoly or merger situation or anti-competitive practice does not operate or is not likely to operate against the public interest, or in the case of a proposed merger that such proposed merger is not likely operate against the public interest the Commission may by order authorize such monopoly or merger situation or anti-competitive practice or the proposed merger. | | |
| | (b) that the proposed merger is likely to operate against the public interest, the Commission shall refuse to authorize such proposed merger; | | |
| | (c) that any monopoly or merger situation or anticompetitive practice exists and that it operates against the public interest, the Commission shall by order provide for -
| | | (i) the division of any business by the sale of any part of the undertaking or assets or otherwise (for which purpose all the activities carried on by way of business by anyone person or two or more interconnected bodies corporate, may be treated as a single business, or for the division of any group of interconnected bodies corporate, and for all such matters as may be necessary to effect or take account of the division including
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| (ii) the carrying on of any activity or the safeguarding of any assets either by the appointment of a person to conduct or supervise the conduct of such activities on such terms and with such powers as may be specified in the order or in any other manner: |
| (iii) the termination of any anti-competitive practice in such manner as may be specified in the order; and |
| (iv) such other action as the Commission may consider necessary for the purpose of remedying or preventing the adverse effects of any monopoly or merger situation or anti-competitive practice. |
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| (2) The reference in sub-paragraph (i) or paragraph (c) of subsection (1) to the division of a business as mentioned in that sub-paragraph, shall be construed as including a reference to the separation, by the sale of any part or any undertaking or assets concerned or other means, of enterprises which are under common control, otherwise than by reason of their being enterprises of interconnected bodies corporate. |
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Sri Lanka Consolidated Acts