Article 8 Obligation to provide information and effect of breach

(1)

A person must supply to the CMA^f1 such information in connection with any agreement claiming the benefit of the block exemption to which it is a party as the CMA may by notice in writing request—

(a)

within a period of ten working days^f2 commencing with the relevant day, or

(b)

within such longer period of working days commencing with the relevant day as the CMA may, having regard to the particular circumstances of the case, agree with the person in writing.

(2)

Where the CMA considers that a person has, without reasonable excuse, failed to comply with the obligation imposed by paragraph (1), the CMA may, subject first to giving notice in writing of its proposal and considering any representations made to it, by notice in writing cancel the block exemption in respect of any specialisation agreement to which the request for information under paragraph (1) relates.

(3)

In this article, “relevant day” means—

(a)

where notice to provide information under paragraph (1) is given under article 10(a), the day on which the person receives the notice in writing,

(b)

where notice to provide information under paragraph (1) is given by publication under article 10(b), the day on which the notice is published, or

(c)

if the day mentioned in sub-paragraph (a) or (b) (as the case may be) is not a working day, the next day that is a working day.

Annotations

Footnotes

f1: “the CMA” is defined in section 59(1) of the Act.
f2: “working day” is defined in section 59(1) of the Act, the definition having been inserted by S.I. 2004/1261.