5.—(1) This paragraph applies where, following a preliminary investigation by the Director of a practice, it appears to the Secretary of State that —
(a)a practice is being, or has been, carried on by a qualifying undertaking, and
(b)the United Kingdom has a duty under Article 88 to rule on the question whether or not the practice infringes Article 86.
(2) Where paragraph (1) applies, the Secretary of State may, if it appears to him that the practice does not infringe Article 86, decide to certify that, on the basis of the facts in his possession, there are no grounds for action on his part in respect of the practice.
(3) Where paragraph (1) applies and it appears to the Secretary of State that the practice may infringe Article 86, the Secretary of State may refer the practice to the MMC for investigation and report.
(4) Where, following a preliminary investigation by the Director, it appears to the Secretary of State that a practice may be being or may have been carried on by a qualifying undertaking, and that, if so, the United Kingdom would have a duty to rule on the practice under Article 88, the Secretary of State may refer the suspected practice to the MMC for investigation and report.