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Competition Act 1998, Cross Heading: Notification is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F2(1)Sections 21 and 22 provide for conduct of a person which that person thinks may infringe the Chapter II prohibition to be considered by the [F1OFT] on the application of that person.
(2)Schedule 6 provides for the procedure to be followed—
(a)by any person making an application, and
(b)by the [F1OFT], in considering an application.]
Textual Amendments
F1Words in s. 20 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(14); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F2Ss. 20-24 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
[F2(1)A person who applies for conduct to be considered under this section must—
(a)notify the [F3OFT] of it; and
(b)apply to [F3the OFT] for guidance.
(2)On an application under this section, the [F3OFT] may give the applicant guidance as to whether or not, in [F3its] view, the conduct is likely to infringe the Chapter II prohibition.]
Textual Amendments
F2Ss. 20-24 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
F3Words in s. 21 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(15); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
[F2(1)A person who applies for conduct to be considered under this section must—
(a)notify the [F4OFT] of it; and
(b)apply to [F4the OFT] for a decision.
(2)On an application under this section, the [F4OFT] may make a decision as to—
(a)whether the Chapter II prohibition has been infringed; and
(b)if it has not been infringed, whether that is because of the effect of an exclusion.]
Textual Amendments
F2Ss. 20-24 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
F4Words in s. 22 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(16); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
[F2(1)This section applies to conduct if the [F5OFT] has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.
(2)The [F5OFT] is to take no further action under this Part with respect to the conduct to which this section applies, unless—
(a)[F5it] has reasonable grounds for believing that there has been a material change of circumstance since [F5it] gave [F5its] guidance;
(b)[F5it ] has a reasonable suspicion that the information on which [F5it] based [F5its] guidance was incomplete, false or misleading in a material particular; or
(c)a complaint about the conduct has been made to [F5it].
(3)No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.
(4)But the [F5OFT] may remove the immunity given by subsection (3) if—
(a)[F5it ] takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
(b)[F5it ] considers that it is likely that the conduct will infringe the prohibition; and
(c)[F5it ] gives notice in writing to the undertaking on whose application the guidance was given that [F5it] is removing the immunity as from the date specified in [F5its] notice.
(5)If the [F5OFT] has a reasonable suspicion that information—
(a)on which [F5it] based [F5its] guidance, and
(b)which was provided to [F5it] by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.]
Textual Amendments
F2Ss. 20-24 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
F5Words in s. 23 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(17); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
[F2(1)This section applies to conduct if the [F6OFT] has determined an application under section 22 by making a decision that the conduct has not infringed the Chapter II prohibition.
(2)The [F6OFT] is to take no further action under this Part with respect to the conduct unless—
(a)[F6it] has reasonable grounds for believing that there has been a material change of circumstance since [F6it] gave [F6its] decision; or
(b)[F6it] has a reasonable suspicion that the information on which [F6it] based [F6its] decision was incomplete, false or misleading in a material particular.
(3)No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.
(4)But the [F6OFT] may remove the immunity given by subsection (3) if—
(a)[F6it] takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
(b)[F6it] considers that it is likely that the conduct will infringe the prohibition; and
(c)[F6it] gives notice in writing to the undertaking on whose application the decision was made that [F6it] is removing the immunity as from the date specified in [F6its] notice.
(5)If the [F6OFT] has a reasonable suspicion that information—
(a)on which [F6it] based [F6its] decision, and
(b)which was provided to [F6it] by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.]
Textual Amendments
F2Ss. 20-24 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
F6Words in s. 24 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(18); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
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