Competition Act 1998

NotificationU.K.

20 Requests for [F1OFT] to consider conduct.U.K.

[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.)

21 Notification for guidance.U.K.

[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

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.)

22 Notification for a decision.U.K.

[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

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.)

23 Effect of guidance.U.K.

[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

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.)

24 Effect of a decision that the Chapter II prohibition has not been infringed.U.K.

[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

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.)