C1C2C3 Part I Competition

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1: certain functions made exercisable concurrently (26.11.1998 for certain purposes and prosp. otherwise) by 1984 c. 12, s. 50(3) (as substituted by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 2(6) (with s. 73); S.I. 1998/2750, art. 2)

C2

Pt. 1 (except ss. 38(1)-(6), 51) amended (1.2.2001) by 2000 c. 38, ss. 86(1)(3), 89 (with ss. 105(2)(d)(5), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1

C3

Pt. 1 (except ss. 38(1)-(6), 51, 52(6) and (8) and 54) amended (1.2.2001) by 2000 c. 38, s. 86(4)(b)(5) (with ss. 105(2)(d)(5), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1

Pt. 1 (except ss. 38(1)-(6), 51) amended (1.2.2001) by 2000 c. 38, s. 86(7)(b) (with ss. 105(2)(d)(5), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1

Chapter III Investigation and Enforcement

Enforcement

40 Limited immunity in relation to the Chapter II prohibition.

1

In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section.

2

The criteria by reference to which a category is prescribed may, in particular, include—

a

the turnover of the person whose conduct it is (determined in accordance with prescribed provisions);

b

the share of the market affected by the conduct (determined in that way).

3

A person is immune from the effect of section 36(2) if F3its conduct is conduct of minor significance; but the F1OFT may withdraw that immunity under subsection (4).

4

If the F1OFT has investigated conduct of minor significance, F2it may make a decision withdrawing the immunity given by subsection (3) if, as a result of F2its investigation, F2it considers that the conduct is likely to infringe the Chapter II prohibition.

5

The F1OFT must give the person, or persons, whose immunity has been withdrawn written notice of F3its decision to withdraw the immunity.

6

A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.

7

The withdrawal date must be a date after the date on which the decision is made.

8

In determining the withdrawal date, the F1OFT must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.