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The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001

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Interim measures

21.—(1) This regulation applies if the Director—

(a)has a reasonable suspicion that an agreement is or has been in existence which may infringe the prohibition in Article 81(1), or

(b)has a reasonable suspicion that the prohibition in Article 82 has been infringed,

but has not completed his investigation into the matter.

(2) If the Director considers that it is necessary for him to act under this regulation as a matter of urgency for the purpose—

(a)of preventing serious, irreparable damage to a particular person or category of person, or

(b)of protecting the public interest,

he may give such directions as he considers appropriate for that purpose.

(3) Before giving a direction under this regulation, the Director must—

(a)give written notice to the person (or persons) to whom he proposes to give the direction; and

(b)give that person (or each of them) an opportunity to make representations.

(4) A notice under paragraph (3) must indicate the nature of the direction which the Director is proposing to give and his reasons for wishing to give it.

(5) A direction given under this regulation has effect while paragraph (1) applies, but may be replaced if the circumstances permit by a direction under regulation 18 or, as appropriate, regulation 19.

(6) In a case where it is suspected that there may be an infringement of the prohibition in Article 81(1), regulations 18(3) and 20 also apply to directions given under this regulation.

(7) In the case of a suspected infringement of the prohibition in Article 82, regulations 19(3) and 20 also apply to directions given under this regulation.

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