it must give written notice of its proposed decision to each undertaking which may be affected by that decision. (2) The notice referred to in subsection (1) must - (a) state the reasons for the Commission’s proposed decision; (b) set out details of any relief that the Commission may consider to seek from the Court by way of the institution of proceedings in accordance with section 38; (c) inform each undertaking that it may, in relation to the Commission’s proposed decision or any of the matters contemplated in paragraph (b), within the period specified in the notice - (i) submit written representations to the Commission; and (ii) indicate whether it requires an opportunity to make oral representations to the Commission. Conference to be convened for oral representations 37. (1) If an undertaking indicates in accordance with section 36(2)(c)(ii) that it requires an opportunity to make oral representations to the Commission, the Commission must - (a) convene a conference to be held at a date, time and place determined by the Commission; and (b) give written notice of the date, time and place to - (i) the undertaking or undertakings concerned; (ii) any person who had lodged a complaint with the Commission concerning the conduct which was the subject-matter of the Commission’s investigation; and (iii) any person whose presence at the conference is considered by the Commission to be desirable. (2) A person to whom notice has been given of a conference in terms of subsection (1) may be accompanied by any person whose assistance at the conference is required by the person to whom notice has been given. (3) At a conference the Commission must provide for as little formality and technicality as a proper consideration of the matters raised by persons participating in the conference permits. (4) The Commission must cause such record of the conference to be kept as is sufficient to set out the matters raised by the persons participating in the conference. (5) The Commission may terminate the conference if it is satisfied that a reasonable opportunity has been given for the expression of the views of persons participating in the conference. Action following investigation
it must give written notice of its proposed decision to each undertaking which may be affected by that decision. (2) The notice referred to in subsection (1) must - (a) state the reasons for the Commission’s proposed decision; (b) set out details of any relief that the Commission may consider to seek from the Court by way of the institution of proceedings in accordance with section 38; (c) inform each undertaking that it may, in relation to the Commission’s proposed decision or any of the matters contemplated in paragraph (b), within the period specified in the notice - (i) submit written representations to the Commission; and (ii) indicate whether it requires an opportunity to make oral representations to the Commission. Conference to be convened for oral representations 37. (1) If an undertaking indicates in accordance with section 36(2)(c)(ii) that it requires an opportunity to make oral representations to the Commission, the Commission must - (a) convene a conference to be held at a date, time and place determined by the Commission; and (b) give written notice of the date, time and place to - (i) the undertaking or undertakings concerned; (ii) any person who had lodged a complaint with the Commission concerning the conduct which was the subject-matter of the Commission’s investigation; and (iii) any person whose presence at the conference is considered by the Commission to be desirable. (2) A person to whom notice has been given of a conference in terms of subsection (1) may be accompanied by any person whose assistance at the conference is required by the person to whom notice has been given. (3) At a conference the Commission must provide for as little formality and technicality as a proper consideration of the matters raised by persons participating in the conference permits. (4) The Commission must cause such record of the conference to be kept as is sufficient to set out the matters raised by the persons participating in the conference. (5) The Commission may terminate the conference if it is satisfied that a reasonable opportunity has been given for the expression of the views of persons participating in the conference. Action following investigation