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| Limited immunity in relation to the Chapter II prohibition. |
41. - (1) In this section "conduct of minor significance" means conduct which falls within a category prescribed for the purposes of this section.
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(2) The criteria by reference to which a category is prescribed may, in particular, include-
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(a) the turnover of the person whose conduct it is (determined in accordance with prescribed provisions); |
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(b) the share of the market affected by the conduct (determined in that way). |
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(3) A person is immune from the effect of section 37(2) if his conduct is conduct of minor significance; but the Director may withdraw that immunity under subsection (4).
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(4) If the Director has investigated conduct of minor significance, he may make a decision withdrawing the immunity given by subsection (3) if, as a result of his investigation, he considers that it is likely that the conduct infringes the Chapter II prohibition.
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(5) The Director must give the person, or persons, whose immunity has been withdrawn written notice of his decision to withdraw the immunity.
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(6) A decision under subsection (4) takes effect on such date ("the withdrawal date") as may be specified in the decision.
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(7) The withdrawal date must be a date after the date on which the decision is made.
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(8) In determining the withdrawal date, the Director must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.
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| Agreements notified to the Commission. |
42. - (1) This section applies if a party to an agreement which may infringe the Chapter I prohibition has notified the agreement to the Commission for a decision as to whether an exemption will be granted under Article 85 with respect to the agreement.
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(2) A penalty may not be required to be paid under this Part in respect of any infringement of the Chapter I prohibition after notification but before the Commission determines the matter.
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(3) If the Commission withdraws the benefit of provisional immunity from penalties with respect to the agreement, subsection (2) ceases to apply as from the date on which that benefit is withdrawn.
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(4) The fact that an agreement has been notified to the Commission does not prevent the Director from investigating it under this Part.
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(5) In this section "provisional immunity from penalties" has such meaning as may be prescribed.
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Offences |
| Offences. |
43. - (1) A person is guilty of an offence if he fails to comply with a requirement imposed on him under section 27, 28 or 29.
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(2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for him to prove-
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(a) that the document was not in his possession or under his control; and |
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(b) that it was not reasonably practicable for him to comply with the requirement. |
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(3) If a person is charged with an offence under subsection (1) in respect of a requirement-
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(a) to provide an explanation of a document, or |
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(b) to state where a document is to be found, |
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it is a defence for him to prove that he had a reasonable excuse for failing to comply with the requirement.
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(4) Failure to comply with a requirement imposed under section 27 or 28 is not an offence if the person imposing the requirement has failed to act in accordance with that section.
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(5) A person is guilty of an offence if he intentionally obstructs an officer acting in the exercise of his powers under section 28.
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(6) A person guilty of an offence under subsection (1) or (5) is liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to a fine. |
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(7) A person who intentionally obstructs an officer in the exercise of his powers under a warrant issued under section 29 is guilty of an offence and liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. |
| Destroying or falsifying documents. |
44. - (1) A person is guilty of an offence if, having been required to produce a document under section 27, 28 or 29-
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(a) he intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or |
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(b) he causes or permits its destruction, disposal, falsification or concealment. |
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(2) A person guilty of an offence under subsection (1) is liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. |
| False or misleading information. |
45. - (1) If information is provided by a person to the Director in connection with any function of the Director under this Part, that person is guilty of an offence if-
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(a) the information is false or misleading in a material particular, and |
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(b) he knows that it is or is reckless as to whether it is. |
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(2) A person who-
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(a) provides any information to another person, knowing the information to be false or misleading in a material particular, or |
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(b) recklessly provides any information to another person which is false or misleading in a material particular, |
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knowing that the information is to be used for the purpose of providing information to the Director in connection with any of his functions under this Part, is guilty of an offence.
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(3) A person guilty of an offence under this section is liable-
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both. |
