3(1)If, after a preliminary investigation of an application, the Director considers that it is likely that the conduct concerned will infringe the Chapter II prohibition, he may make a decision (“a provisional decision”) under this paragraph.
(2)If the Director makes a provisional decision, he must notify the applicant in writing of that decision.
(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 22.