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

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Cancellation etc. of an individual exemption

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11.—(1) If the OFT proposes to take any of the steps mentioned in section 5(1) of the Act(1), it shall consult the public, the applicant and, subject to rules 17 and 18, the other parties to the agreement.

(2) If the OFT decides to take any of the steps mentioned in section 5(1) of the Act, it shall—

(a)give notice of its decision to do so—

(i)to the applicant; and

(ii)subject to rules 17 and 18, to the other parties to the agreement,

stating the facts on which the OFT bases the decision and the OFT’s reasons for the decision; and

(b)publish the decision.

(3) In this rule—

(a)“applicant” means the person who applied for the exemption; and

(b)“the other parties to the agreement” means those persons who the applicant identified in his application as being the other parties to the agreement to which the exemption relates.

(1)

Section 5 of the Act has been repealed by article 4 of the Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261) with effect from 1st May 2004 but by virtue of article 6(3) of those Regulations it will continue in effect while any individual exemption has effect.

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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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