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

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This is the original version (as it was originally made).

Commencement of investigations by the Director

3.—(1) If it appears to the Director that the United Kingdom might have a duty under Article 84 to rule on the question—

(a)whether or not there is or has been in existence an agreement which infringes or has infringed the prohibition in Article 81(1), or

(b)whether or not conduct constitutes an infringement of the prohibition in Article 82,

he may commence an investigation under these Regulations.

(2) The Director may conclude that the United Kingdom might have such a duty if—

(a)there are reasonable grounds for suspecting that there is or has been in existence an agreement which may infringe the prohibition in Article 81(1),

(b)there are reasonable grounds for suspecting that the prohibition in Article 82 has been infringed,

(c)a party to an agreement applies for an agreement to be considered under regulation 7, or

(d)a person applies for conduct to be considered under regulation 10.

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