Section 9c of the Company Director Disqualification Act 1986

Set out below in full is section 9C of the Company Director Disqualification Act 1986 setting out the general provisions relating to director disqualification competition investigations.

Competition investigations

1. If the OFT or a specified regulator has reasonable grounds for suspecting that a breach of competition law has occurred it or he (as the case may be) may carry out an investigation for the purpose of deciding whether to make an application under section 9A for a disqualification order.

2. For the purposes of such an investigation sections 26 to 30 of the Competition Act 1998 (c. 41) apply to the OFT and the specified regulators as they apply to the OFT for the purposes of an investigation under section 25 of that Act.

3. Subsection (4) applies if as a result of an investigation under this section the OFT or a specified regulator proposes to apply under section 9A for a disqualification order.

4. Before making the application the OFT or regulator (as the case may be) must:

  • give notice to the person likely to be affected by the application, and
  • give that person an opportunity to make representations.

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