The Competition Act 1998 (Office of Fair Trading’s Rules) Order 2004

Election to apply a relevant prohibition to a case

10.—(1) The OFT may, at any time prior to making an infringement decision, elect to apply to a case one or more of the Chapter I prohibition, the Chapter II prohibition, the prohibition in Article 81(1) and the prohibition in Article 82 (whether or not any such election has previously been made by the OFT in that case).

(2) If the OFT proposes—

(a) to make a decision that one or both of the prohibition in Article 81(1) and the prohibition in Article 82 has been infringed, but in any notice given under rule 4 the OFT has stated that it considers that only one or both of the Chapter I prohibition and the Chapter II prohibition has been infringed; or

(b) to make a decision that one or both of the Chapter I prohibition and the Chapter II prohibition has been infringed but in any notice given under rule 4 the OFT has stated that it considers that only one or both of the prohibition in Article 81(1) and the prohibition in Article 82 has been infringed,

the provisions of rules 4 and 5 shall apply to the extent that they have not already been applied.

(3) In paragraph (2), “any notice given under rule 4” means any notice given under rule 4 that has not been superseded by a subsequent notice given under rule 4.