Competition Act 1998

38 (1) If the Director is considering whether to give a direction under paragraph 37 (“a direction”), he may in writing require any party to the agreement concerned to give him such information in connection with that agreement as he may require.

(2) If at the end of such period as may be specified in rules made under section 51, a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (1), the Director may give a direction.

(3) The Director may also give a direction if he considers—

(a) that the agreement would, but for the transitional period or a relevant exclusion, infringe the Chapter I prohibition; and

(b) that he would not be likely to grant the agreement an unconditional individual exemption.

(4) For the purposes of sub-paragraph (3) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).

(5) In this paragraph—

• “person” has the same meaning as in Part I;

• “relevant exclusion” means an exclusion under paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3.