Part I

Competition
Chapter I

Agreements

Notification

Effect of guidance
15
1
This section applies to an agreement if the Director has determined an application under section 13 by giving guidance that—
a
the agreement is unlikely to infringe the Chapter I prohibition, regardless of whether or not it is exempt;
b
the agreement is likely to be exempt under—
i
a block exemption;
ii
a parallel exemption; or
iii
a section 11 exemption; or
c
he would be likely to grant the agreement an individual exemption if asked to do so.
2
The Director is to take no further action under this Part with respect to an agreement to which this section applies, unless—
a
he has reasonable grounds for believing that there has been a material change of circumstance since he gave his guidance;
b
he has a reasonable suspicion that the information on which he based his guidance was incomplete, false or misleading in a material particular;
c
one of the parties to the agreement applies to him for a decision under section 14 with respect to the agreement; or
d
a complaint about the agreement has been made to him by a person who is not a party to the agreement.
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 it likely that the agreement will infringe the prohibition; and
c
he gives notice in writing to the party on whose application the guidance was given 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 guidance, 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.