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

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Time limits and giving notices

18.—(1) Where it is not reasonably practicable for the Director to give written notice to a person:

(a)other than the applicant, under rule 10(1), (2) or (7) or rule 11(2) above;

(b)other than the applicant, in order to consult that person under rule 12 above;

(c)other than the person who applied for the exemption and the public, in order to consult that person under rule 16(1) above; or

(d)in order to consult that person under rule 20(6) below,

in particular having regard to the number of persons to whom such notice is required to be given, he may, instead of so doing, take all the steps mentioned in paragraph (3) below.

(2) Where it is not reasonably practicable for the Director to give:

(a)written notice of the decision to a person, other than the applicant, under rule 11(1)(a) or 15(3)(a) above;

(b)written notice of his decision to a person, other than the applicant, under rule 20(7) below;

(c)notice in writing of his decision to a person under rule 16(2)(a), other than the person who applied for the exemption; or

(d)written notice in order to consult a third party under rule 21(3) below,

in particular having regard to the number of persons to whom such notice is required to be given, he may, instead of so doing, take all the steps mentioned in sub-paragraph (3)(b) below.

(3) The steps mentioned for the purposes of paragraphs (1) and (2) above are the following:

(a)publish the notice by means of entry in the register maintained by the Director under rule 7 above; and

(b)cause the notice to be published in:

(i)the London, Edinburgh and Belfast Gazettes;

(ii)at least one national daily newspaper; and

(iii)if there is in circulation an appropriate trade journal which is published at intervals not exceeding one month, in such trade journal.

(4) Except where paragraph (1) or (2) above is invoked, where these rules allow or require written notice, or notice in writing, to be given to a person, such notice shall be treated as having been given on the date on which that person receives it.

(5) Where paragraph (1) or (2) above is invoked, the notice shall be treated as having been given on the date of its publication in accordance with the paragraph invoked.

(6) Where the time prescribed by these rules for doing any act expires on a day which is not a working day, the act is in time if done before 6 p.m. on the next following working day.

(7) Where an act done in accordance with these rules is done on a day which is not a working day, or after 6 p.m. on a working day, the act shall be treated as done on the next following working day.

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