Preliminary investigation
3(1)If, after a preliminary investigation of an application, the Director considers that it is likely—
(a)that the agreement concerned will infringe the Chapter I prohibition, and
(b)that it would not be appropriate to grant the agreement an individual exemption,
he may make a decision (“a provisional decision”) under this paragraph.
(2)If the Director makes a provisional decision—
(a)the Director must notify the applicant in writing of his provisional decision; and
(b)section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied.
(3)When making a provisional decision, the Director must follow such procedure as may be specified.
(4)A provisional decision does not affect the final determination of an application.
(5)If the Director has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.