SCHEDULE 5 Notification under Chapter I: Procedure
Preliminary investigation
3
(1)
If, after a preliminary investigation of an application, the Director considers that it is likely—
(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,
he may make a decision (“a provisional decision”) under this paragraph.
(2)
If the Director makes a provisional decision—
(a)
the Director must notify the applicant in writing of his 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 Director must follow such procedure as may be specified.
(4)
A provisional decision does not affect the final determination of an application.
(5)
If the Director 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.