Competition Act 1998

[F1 Preliminary investigation U.K.

Textual Amendments

F1 Sch. 5 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. 51 (with reg. 6(2))

3 (1) If, after a preliminary investigation of an application, the [F2 OFT] considers that it is likely— U.K.

(a) that the agreement concerned will infringe the Chapter I prohibition, and

(b) that it would not be appropriate to grant the agreement an individual exemption,

[F3 it] may make a decision (“a provisional decision”) under this paragraph.

(2) If the [F2 OFT] makes a provisional decision—

(a) the [F2 OFT] must notify the applicant in writing of [F3 its] provisional decision; and

(b) section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied.

(3) When making a provisional decision, the [F2 OFT] must follow such procedure as may be specified.

(4) A provisional decision does not affect the final determination of an application.

(5) If the [F2 OFT] has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.]

Textual Amendments

F2 Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F3 Words in Sch. 5 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)