Part I Competition

Chapter II Abuse of Dominant Position

Notification

23 Effect of guidance.

F1(1)

This section applies to conduct if the F2OFT has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.

(2)

The F2OFT is to take no further action under this Part with respect to the conduct to which this section applies, unless—

(a)

F2it has reasonable grounds for believing that there has been a material change of circumstance since F2it gave F2its guidance;

(b)

F2it has a reasonable suspicion that the information on which F2it based F2its guidance was incomplete, false or misleading in a material particular; or

(c)

a complaint about the conduct has been made to F2it.

(3)

No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.

(4)

But the F2OFT may remove the immunity given by subsection (3) if—

(a)

F2it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);

(b)

F2it considers that it is likely that the conduct will infringe the prohibition; and

(c)

F2it gives notice in writing to the undertaking on whose application the guidance was given that F2it is removing the immunity as from the date specified in F2its notice.

(5)

If the F2OFT has a reasonable suspicion that information—

(a)

on which F2it based F2its guidance, and

(b)

which was provided to F2it by an undertaking engaging in the conduct,

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.