sec.36Competition authority refusing to investigate

sec.36 Competition authority refusing to investigate

The competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that— the complainant is not, or will not be, in competition with the council, after the competition authority considers— whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and the laws relating to competition that apply to the business activity; or the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or the complaint is frivolous or vexatious. If the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days— the complainant; the council. A refusal notice is a document that states— that the competition authority has refused to investigate the complaint; and the reasons for the refusal. s 36 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 33 (sec.36-ssec.1) The competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that— the complainant is not, or will not be, in competition with the council, after the competition authority considers— whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and the laws relating to competition that apply to the business activity; or the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or the complaint is frivolous or vexatious. (sec.36-ssec.2) If the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days— the complainant; the council. (sec.36-ssec.3) A refusal notice is a document that states— that the competition authority has refused to investigate the complaint; and the reasons for the refusal.

• (a) the complainant is not, or will not be, in competition with the council, after the competition authority considers— (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and (ii) the laws relating to competition that apply to the business activity; or
• (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and
• (ii) the laws relating to competition that apply to the business activity; or
• (b) the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or