COMPETITION IN AIR TRANSPORT SERVICES WITHIN AFRICA 301 The Executing Agency shall within a reasonable time, prior to the envisaged investigation, inform the competent authorities of the State Parties of the proposed investigation and the identity of the authorised officials. The competent authorities of theMember States shall assist the officials of the Executing Agency if so requested. In the execution of its duties, the Executing Agency shall act with due regard for the rules of natural justice. Before taking any decision affecting undertakings or associations of undertakings, the Executing Agency shall give them the opportunity of being heard. There shall be a written record of the hearing. 9.3 Outcome of Complaint Where the Executing Agency finds that there has been an infringement of any provision of the Regulations, it shall direct the undertaking or association of undertakings concerned to bring such an infringement to an end. On other hand, if the Executing Agency, acting on a complaint, concludes that on the evidence before it there are no grounds for intervention in respect of any agreement, decision or concerted practice, it shall reject the complaint. The Executing Agency shall simultaneously send a copy of its decision to the competent authorities of the Member States in whose territory the head office of the undertaking or association of undertakings is situated. 9.4 Provisional Measures Where there is prima facie evidence before the Executing Agency that certain practices are contrary to the Regulations and have the object or effect of directly jeopardising the existence of an undertaking, it may decide to take such provisional measures that it deems fit to ensure that these practices are not implemented, or where implemented they are stopped. Such provisional measures shall apply for a period not exceeding ninety (90) days. The Executing Agency may extend the provisional measures for a period not exceeding thirty (30) days. 10. COOPERATION WITH MEMBER STATE AUTHORITIES AND ACCESS TO INFORMATION The Executing Agency shall execute its powers and procedures in collaboration with the Regional Competition Authorities and competent authorities of the Member States. ln carrying out its duties, the Executing Agency may request all
RkJQdWJsaXNoZXIy MTE4NzM5Nw==