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Notification |
| Requests for Director to consider conduct. |
21. - (1) Sections 22 and 23 provide for conduct of a person which that person thinks may infringe the Chapter II prohibition to be considered by the Director on the application of that person.
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(2) Schedule 6 provides for the procedure to be followed-
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(a) by any person making an application, and |
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(b) by the Director, in considering an application. |
| Notification for guidance. |
22. - (1) A person who applies for conduct to be considered under this section must-
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(a) notify the Director of it; and |
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(b) apply to him for guidance. |
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(2) On an application under this section, the Director may give the applicant guidance as to whether or not, in his view, the conduct is likely to infringe the Chapter II prohibition.
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| Notification for a decision. |
23. - (1) A person who applies for conduct to be considered under this section must-
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(a) notify the Director of it; and |
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(b) apply to him for a decision. |
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(2) On an application under this section, the Director may make a decision as to-
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(a) whether the Chapter II prohibition has been infringed; and |
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(b) if it has not been infringed, whether that is because of the effect of an exclusion. |
| Effect of guidance. |
24. - (1) This section applies to conduct if the Director has determined an application under section 22 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.
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(2) The Director is to take no further action under this Part with respect to the conduct to which this section applies, unless-
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(a) he has reasonable grounds for believing that there has been a material change of circumstance since he gave his guidance; |
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(b) he has a reasonable suspicion that the information on which he based his guidance was incomplete, false or misleading in a material particular; or |
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(c) a complaint about the conduct has been made to him. |
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(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.
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(4) But the Director may remove the immunity given by subsection (3) if-
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(a) he takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); |
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(b) he considers that it is likely that the conduct will infringe the prohibition; and |
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(c) he gives notice in writing to the undertaking on whose application the guidance was given that he is removing the immunity as from the date specified in his notice. |
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(5) If the Director has a reasonable suspicion that information-
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(a) on which he based his guidance, and |
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(b) which was provided to him by an undertaking engaging in the conduct, |
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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.
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| Effect of a decision that the Chapter II prohibition is not infringed. |
25. - (1) This section applies to conduct if the Director has determined an application under section 23 by making a decision that the conduct does not infringe the Chapter II prohibition.
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(2) The Director is to take no further action under this Part with respect to the conduct unless-
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(a) he has reasonable grounds for believing that there has been a material change of circumstance since he gave his decision; or |
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(b) he has a reasonable suspicion that the information on which he based his decision was incomplete, false or misleading in a material particular. |
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(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.
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(4) But the Director may remove the immunity given by subsection (3) if-
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(a) he takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2); |
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(b) he considers that it is likely that the conduct will infringe the prohibition; and |
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(c) he gives notice in writing to the undertaking on whose application the decision was made that he is removing the immunity as from the date specified in his notice. |
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(5) If the Director has a reasonable suspicion that information-
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(a) on which he based his decision, and |
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(b) which was provided to him by an undertaking engaging in the conduct, |
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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.
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