Part 3Mergers

Chapter 5Supplementary

Investigation powers

117False or misleading information

1

A person commits an offence if—

a

he supplies any information to the OFT, the Commission or the Secretary of State in connection with any of their functions under this Part;

b

the information is false or misleading in a material respect; and

c

he knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.

2

A person commits an offence if he—

a

supplies any information to another person which he knows to be false or misleading in a material respect; or

b

recklessly supplies any information to another person which is false or misleading in a material respect;

knowing that the information is to be used for the purpose of supplying information to the OFT, the Commission or the Secretary of State in connection with any of their functions under this Part.

3

A person who commits an offence under subsection (1) or (2) shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.