41.
| (1) Where an application is made to the Council under on section 37 or section 38, as the case may be, the Council shall, on being satisfied that
| | (a) an anti-competitive practice exists but such anti-competitive practice does not operate or is not likely to operate against public interest, by order made in that behalf, authorize such anti-competitive practice ; or | | |
| | (b) an anti-competitive practice exists and that it operates against public interest, by order made in that behalf, provide for
| | | (i) the termination of such anti-competitive practice in such manner as may be specified in the order; and |
| (ii) such other action as the Council may consider necessary for the purpose of remedying or preventing the adverse effects of any anti-competitive practice. |
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| (2) In determining for the purposes of this section, whether any anti-competitive practice operates, or is likely to operate, against public interest, the Council shall lake into account all matters which appear to the Council to be relevant to the matter under investigation and shall have special regard to the desirability of
| | (a) maintaining and promoting effective competition between persons supplying goods and providing services ; | | |
| | (b) promoting the interests of consumers, purchasers and other users of goods and services in respect of the price and quality of such goods and services and the variety of goods supplied and services provided in Sri Lanka ; and | | |
| | (c) promoting through competition the reduction of costs, the development and use of new techniques and products and facilitating the entry of new competitors into existing markets. | | |
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| (3) Where an application is made to the Council under section 37 or section 38, as the case may be, it shall be the duty of the Council to make its order on such application, within one month of its receipt. |
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Sri Lanka Consolidated Acts