Paragraph 17 Withdrawal of an exclusionC1

(1)

Subject to rules 18 and 19, if the CMA proposes to give a direction under paragraph 4 of Schedule 1 to the Act or paragraph 9 of Schedule 3 to the Act, or in accordance with an order made under section 50 of the Act, to the effect that an exclusion made by a provision specified in paragraph (2) does not apply to an agreement, it must consult each person who it considers is a party to the agreement.

(2)

The provisions specified for the purposes of paragraph (1) are—

(a)

paragraph 1 of Schedule 1 to the Act;

(b)

paragraph 9(1) of Schedule 3 to the Act; and

(c)

an order made under section 50 of the Act.

(3)

The period specified for the purposes of paragraph 4(4) of Schedule 1 to the Act and paragraph 9(6) of Schedule 3 to the Act is ten working days starting with the date the notice is given.

(4)

If the CMA has given a direction referred to in paragraph (1), it must publish the direction.

Annotations

Modifications

C1: Sch. modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(4) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))