MDPPACPB Regulations

Page 68 of 127
68 
 
(3) A decision on whether to proceed to investigation shall be made within 
thirty (30) working days, and the complainant shall be notified accordingly. 
(4) Where no further action is taken, the Authority shall state the reasons in 
writing, unless it compromises enforcement or ongoing inquiries. 
 
78. Initiation of Investigation 
(1) An investigation may be initiated: 
(a) Following a preliminary assessment under these Regulations. 
(b) By the Authority ex officio, where sufficient grounds exist. 
(2) Except where prejudicial to the investigation, the Authority shall notify the 
party under investigation of: 
(a) The subject matter and conduct in question. 
(b) The provisions of the law and Regulation alleged to be breached. 
(c) The powers of the Authority and procedural steps. 
 
79. Conduct of Investigations 
(1) The Authority shall conduct investigations fairly, objectively, and in 
accordance with due process. 
(2) The respondent shall be given the opportunity to: 
(a) Review the allegations and supporting materials. 
(b) Submit evidence in defence. 
(c) Be represented by legal counsel. 
(d) Attend hearings or make oral representations as directed. 
(3) The Authority shall maintain written records of its investigation, including 
interviews, submissions, site visits, and correspondence. 
 
80. Powers of the Authority During Investigations 
(1) The Authority may exercise the following powers in accordance with these 
Regulations and Section 211(1)(c)(ii)–(iii) of the Act: 
(a) Require any person to furnish documents, contracts, internal 
communications, or other relevant data. 
(b) Summon and examine persons under oath or affirmation. 
(c) Conduct on-site inspections, including dawn raids, upon obtaining a 
warrant where required. 
(d) Seize documents, hardware, or digital records suspected to contain 
evidence of violations. 
(e) Engage in joint inspections with other government agencies or 
foreign competition authorities in cases with cross-border elements. 
 
81. Confidentiality and Protection of Whistleblowers 
(1) Information obtained during an investigation shall be treated as 
confidential, except where disclosure is necessary for enforcement or pursuant 
to legal obligations. 
(2) Parties may request confidential treatment of submitted information, 
accompanied by justification. 
(3) The Authority shall implement safeguards for whistleblowers and informants, 
including: