The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

17.  For section 31 (decisions following an investigation) there is substituted—

“(1) If as a result of an investigation the OFT proposes to make a decision, the OFT must—

(a) give written notice to the person (or persons) likely to be affected by the proposed decision; and

(b) give that person (or those persons) an opportunity to make representations.

(2) For the purposes of this section and sections 31A and 31B “decision” means a decision of the OFT—

(a) that the Chapter I prohibition has been infringed;

(b) that the Chapter II prohibition has been infringed;

(c) that the prohibition in Article 81(1) has been infringed; or

(d) that the prohibition in Article 82 has been infringed.”.