sec.40Competition authority’s report on investigation

sec.40 Competition authority’s report on investigation

The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to— the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity. The report must state whether or not the competition authority considers the complaint has been substantiated. If the competition authority decides the business entity has a competitive advantage, the report must include— recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and the reasons for the recommendations; and for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage. The statutory building functions are the building functions under the Building Act or Planning Act that— only a local government can provide; and a building certifier under the Building Act relies on. providing site or town planning information to a building certifier receiving and processing documents from a building certifier If the competition authority decides the business entity suffers a competitive disadvantage, the report must include— recommendations on how the business entity can overcome the competitive disadvantage; and the reasons for the recommendations; and comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity. s 40 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.40-ssec.1) The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to— the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity. (sec.40-ssec.2) The report must state whether or not the competition authority considers the complaint has been substantiated. (sec.40-ssec.3) If the competition authority decides the business entity has a competitive advantage, the report must include— recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and the reasons for the recommendations; and for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage. (sec.40-ssec.4) The statutory building functions are the building functions under the Building Act or Planning Act that— only a local government can provide; and a building certifier under the Building Act relies on. providing site or town planning information to a building certifier receiving and processing documents from a building certifier (sec.40-ssec.5) If the competition authority decides the business entity suffers a competitive disadvantage, the report must include— recommendations on how the business entity can overcome the competitive disadvantage; and the reasons for the recommendations; and comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.