Paragraph 9 SettlementC1

(1)

The CMA may decide to follow a settlement procedure in respect of an investigation under the Act where a party to that investigation—

(a)

admits that it has been a party to an agreement or has been engaged in conduct which infringes F1the Chapter I prohibition or the Chapter II prohibition in relation to that investigation, and

(b)

agrees to an expedited administrative procedure for the remainder of the investigation.

(2)

A single relevant person may only take the decision to follow a settlement procedure in respect of an investigation pursuant to paragraph (1) if a different relevant person approves that decision.

(3)

For the purposes of paragraph (2) the different relevant person must comprise at least two relevant persons.

(4)

Where a single relevant person takes the decision to follow a settlement procedure pursuant to paragraph (1) that relevant person may also propose to make an infringement decision under rule 5 and take the decision to make an infringement decision under rule 10 in respect of that investigation.

(5)

Where the CMA decides to follow a settlement procedure pursuant to paragraph (1) the CMA must comply with rule 5 to the extent that it has not already been complied with and rule 10.

(6)

Where the CMA decides to follow a settlement procedure pursuant to paragraph (1), the CMA may elect to impose a penalty on that party and the provisions of rule 12(2)(a) and 12(4) are to apply.

Annotations

Textual amendments

F1: Words in Sch. rule 9(1)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(6) (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))