1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall investigate and inquire into the complaint within ninety (90) working days from the date on which the complainant is notified of its acceptance pursuant to Article (21) of this Resolution. Such period may be extended by thirty (30) working days for the purpose of uncovering practices suspected of violating the provisions of the Decree by Law, this Resolution, and the resolutions issued in implementation thereof, based on the data and information submitted by the parties to the complaint. 2. When investigating the complaint, the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, may request any additional data or documents from the parties related to the complaint that may assist in examining it. Such information shall be provided within a period not exceeding twenty (20) working days from the date of the request, which may be extended for a similar period, provided that this shall not impede the course and procedures of the investigation into the complaint. 3. Where the respondent fails to submit a response within the period specified in Clause (5) of Article (21) of this Resolution, or fails to provide the requested data or documents within the period prescribed in Clause (2) of this Article and in accordance with the provisions thereof, the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall send a notice to the respondent including the following: a. A requirement to provide the requested information within a period not exceeding ten (10) working days from the date of the notice. b. A statement that failure to respond shall render the respondent liable to legal accountability pursuant to Article (27) of the Decree by Law. c. That their refusal to respond to the requests of the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall entitle it to proceed with examination of the complaint based on the evidence and data submitted by the complainant. 4. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall not be bound by the requests, defenses, grounds, or names of the parties stated in the complaint, and may recharacterize the facts and undertake all investigative measures necessary to ensure the proper functioning of the market in accordance with the rules of free and fair competition. 5. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, may take any measure it deems necessary for investigating the complaint, including holding meetings with the parties related to the complaint or any other persons whose participation is required to complete the investigation into the complaint. 6. The following procedures and controls shall be observed in the meetings referred to in Clause (5) of this Article: a. The parties shall be heard by the employees vested with the capacity of judicial enforcement officers pursuant to Article (35) of the Decree by Law, based on minutes prepared for this purpose. b. The minutes shall include the date, time, and place, and subject of the meeting, the nature of the practices and violations, the statements of the parties, their identities and capacities, and the names of the persons who prepared the minutes. c. The parties shall be afforded the opportunity to review the minutes. d. The minutes shall be signed by the employees referred to in Paragraph (a) of this Clause and by all attendees. Where any party refuses to sign, such refusal shall be recorded in the minutes. 7. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, may conduct any field inquiries at the premises of infringing Undertakings, and may enter such premises, examine all records, documents, and files, including electronic documents and files, and take samples therefrom where necessary, through the employees vested with judicial enforcement capacity, subject to the following controls: a. The minutes shall contain the date, time, place, and subject of the inspection, and shall identify the practices and violations. b. Identification and capacity of the persons present at the time of the inspection. c. Statements of the persons interviewed. d. Names and capacities of the employees preparing the minutes. e. Identification of the documents and data reviewed. f. Persons present during the inspection shall be afforded the opportunity to review the minutes, which shall be signed by the persons who prepared them and by the persons present or their legal representatives. Any refusal to sign shall be recorded therein. 8. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, may seek the assistance of one or more specialized experts, at the expense of the complainant, to provide a technical opinion regarding any act or practice alleged to violate the provisions of the Decree by Law, this Resolution, and the resolutions issued in implementation thereof, where justified for the purposes of the investigation. The expert shall provide an opinion through a report prepared for this purpose within the period specified by the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be.
Interpretation and application must be checked against the official text and current version.