Competition Act 1998

16 Effect of a decision that the Chapter I prohibition has not been infringed

(1) This section applies to an agreement if the Director has determined an application under section 14 by making a decision that the agreement has not infringed the Chapter I prohibition.

(2) The Director is to take no further action under this Part with respect to the agreement unless—

(a) he has reasonable grounds for believing that there has been a material change of circumstance since he gave his decision; or

(b) he has a reasonable suspicion that the information on which he based his 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 Director may remove the immunity given by subsection (3) if—

(a) he takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);

(b) he considers that it is likely that the agreement will infringe the prohibition; and

(c) he gives notice in writing to the party on whose application the decision was made that he is removing the immunity as from the date specified in his notice.

(5) If the Director has a reasonable suspicion that information—

(a) on which he based his decision, and

(b) which was provided to him 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.