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Paragraph 5 Statement of objectionsC1

(1)

If the CMA proposes to make an infringement decision, subject to rules 18 and 19, the notice referred to in paragraph (2) must be given to each person who the CMA considers is a party to the agreement, or is engaged in conduct, which the CMA considers infringes F1either or both of the prohibitions mentioned in that paragraph.

(2)

The CMA must give notice stating F2whether it considers the Chapter I prohibition or the Chapter II prohibition or both has been infringed and the provisions of rule 6 are to apply.

(3)

Where the CMA considers that an agreement infringes the Chapter I prohibition F3... the CMA may address that proposed infringement decision to fewer than all the persons who are or were party to that agreement or are or were engaged in that conduct.

Annotations

Textual amendments

F1

Words in Sch. rule 5(1) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(5)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Sch. rule 5(2) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(5)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Sch. rule 5(3) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(5)(c) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

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))