Competition Act 1998

23 Effect of guidance.U.K.

[F1(1)This section applies to conduct if the [F2OFT] has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.

(2)The [F2OFT] is to take no further action under this Part with respect to the conduct to which this section applies, unless—

(a)[F2it] has reasonable grounds for believing that there has been a material change of circumstance since [F2it] gave [F2its] guidance;

(b)[F2it ] has a reasonable suspicion that the information on which [F2it] based [F2its] guidance was incomplete, false or misleading in a material particular; or

(c)a complaint about the conduct has been made to [F2it].

(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 [F2OFT] may remove the immunity given by subsection (3) if—

(a)[F2it ] takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);

(b)[F2it ] considers that it is likely that the conduct will infringe the prohibition; and

(c)[F2it ] gives notice in writing to the undertaking on whose application the guidance was given that [F2it] is removing the immunity as from the date specified in [F2its] notice.

(5)If the [F2OFT] has a reasonable suspicion that information—

(a)on which [F2it] based [F2its] guidance, and

(b)which was provided to [F2it] 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.]