Competition Act 1998

35 Interim measures

(1) This section applies if the Director—

(a) has a reasonable suspicion that the Chapter I prohibition has been infringed, or

(b) has a reasonable suspicion that the Chapter II prohibition 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 section 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 section, 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 subsection (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 section has effect while subsection (1) applies, but may be replaced if the circumstances permit by a direction under section 32 or (as appropriate) section 33.

(6) In the case of a suspected infringement of the Chapter I prohibition, sections 32(3) and 34 also apply to directions given under this section.

(7) In the case of a suspected infringement of the Chapter II prohibition, sections 33(3) and 34 also apply to directions given under this section.