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

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7.—(1) Where the OFT has made an infringement decision, it shall without delay—

(a)subject to rules 17 and 18, give notice of the infringement decision to each person who the OFT considers is or was a party to the agreement, or is or was engaged in conduct, stating the facts on which the OFT bases the infringement decision and the OFT’s reasons for making the infringement decision; and

(b)publish the infringement decision.

(2) Where the OFT has made a decision that there are no grounds for action in respect of—

(a)an agreement either because the conditions of the Chapter I prohibition are not met or because the agreement is excluded from the Chapter I prohibition or satisfies the conditions in section 9(1) of the Act; or

(b)an agreement either because the conditions of the prohibition in Article 81(1) are not met or because the agreement satisfies the conditions of Article 81(3); or

(c)conduct because the conditions of the Chapter II prohibition or the prohibition in Article 82 are not met;

the OFT shall without delay, subject to rules 17 and 18, give notice of the decision, to any person whom it has undertaken to inform of the decision and to any person in respect of whom the OFT or an officer has exercised any of the powers of investigation in the Act, stating the facts on which the OFT bases the decision and the OFT’s reasons for making the decision.

(3) Where the OFT is required to give notice of a decision under paragraph (2), it may publish the decision.

(4) In this rule, “officer” has the same meaning as in rule 3.

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