16 Effect of a decision that the Chapter I prohibition has not been infringed.U.K.
(1)This section applies to an agreement if the [F1OFT] has determined an application under section 14 by making a decision that the agreement has not infringed the Chapter I prohibition.
(2)The [F1OFT] is to take no further action under this Part with respect to the agreement unless—
(a)[F1it] has reasonable grounds for believing that there has been a material change of circumstance since [F1it] gave [F1its] decision; or
(b)[F1it] has a reasonable suspicion that the information on which [F1it] based [F1its] decision was incomplete, false or misleading in a material particular.
(3)No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies.
(4)But the [F1OFT] may remove the immunity given by subsection (3) if—
(a)[F1it] takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);
(b)[F1it] considers that it is likely that the agreement will infringe the prohibition; and
(c)[F1it] gives notice in writing to the party on whose application the decision was made that [F1it] is removing the immunity as from the date specified in [F1its] notice.
(5)If the [F1OFT] has a reasonable suspicion that information—
(a)on which [F1it] based [F1its] decision, and
(b)which was provided to [F1it] by a party to the agreement,
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.
Textual Amendments
F1Words in s. 16 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(13); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C1S. 16 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 7