23 Effect of guidance.U.K.
[F1(1)This section applies to conduct if the [F2OFT] has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.
(2)The [F2OFT] is to take no further action under this Part with respect to the conduct to which this section applies, unless—
(a)[F2it] has reasonable grounds for believing that there has been a material change of circumstance since [F2it] gave [F2its] guidance;
(b)[F2it ] has a reasonable suspicion that the information on which [F2it] based [F2its] guidance was incomplete, false or misleading in a material particular; or
(c)a complaint about the conduct has been made to [F2it].
(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 [F2OFT] may remove the immunity given by subsection (3) if—
(a)[F2it ] takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
(b)[F2it ] considers that it is likely that the conduct will infringe the prohibition; and
(c)[F2it ] gives notice in writing to the undertaking on whose application the guidance was given that [F2it] is removing the immunity as from the date specified in [F2its] notice.
(5)If the [F2OFT] has a reasonable suspicion that information—
(a)on which [F2it] based [F2its] guidance, and
(b)which was provided to [F2it] 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
F1Ss. 20-24 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))
F2Words 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.)