Competition Act 1998

15 Effect of guidance. U.K.

[F1 (1) This section applies to an agreement if the [F2 OFT] has determined an application under section 13 by giving guidance that—

(a) the agreement is unlikely to infringe the Chapter I prohibition, regardless of whether or not it is exempt;

(b) the agreement is likely to be exempt under—

(i) a block exemption;

(ii) a parallel exemption; or

(iii) a section 11 exemption; or

(c) [F2 it] would be likely to grant the agreement an individual exemption if asked to do so.

(2) The [F2 OFT] is to take no further action under this Part with respect to an agreement to which this section applies, unless—

(a) [F2 it] has reasonable grounds for believing that there has been a material change of circumstance since [F2 it] gave [F2 its] guidance;

(b) [F2 it] has a reasonable suspicion that the information on which [F2 it] based [F2 its] guidance was incomplete, false or misleading in a material particular;

(c) one of the parties to the agreement applies to [F2 it] for a decision under section 14 with respect to the agreement; or

(d) a complaint about the agreement has been made to [F2 it] by a person who is not a party to the agreement.

(3) No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies.

(4) But the [F2 OFT] may remove the immunity given by subsection (3) if—

(a) [F2 it] takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);

(b) [F2 it] considers it likely that the agreement will infringe the prohibition; and

(c) [F2 it] gives notice in writing to the party on whose application the guidance was given that [F2 it] is removing the immunity as from the date specified in [F2 its] notice.

(5) If the [F2 OFT] has a reasonable suspicion that information—

(a) on which [F2 it] based [F2 its] guidance, and

(b) which was provided to [F2 it] by a party to the agreement,

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

F1 Ss. 12-16 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 Words in s. 15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(12); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Modifications etc. (not altering text)

C1 S. 15 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 6