Competition Act 1998

24 Effect of a decision that the Chapter II prohibition has not been infringed. U.K.

[F1 (1) This section applies to conduct if the [F2 OFT] has determined an application under section 22 by making a decision that the conduct has not infringed the Chapter II prohibition.

(2) The [F2 OFT] is to take no further action under this Part with respect to the conduct unless—

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

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

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

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

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

(c) [F2 it] gives notice in writing to the undertaking on whose application the decision was made 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] decision, and

(b) which was provided to [F2 it] 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

F1 Ss. 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))

F2 Words in s. 24 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(18); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)