Article 10 Obligation to provide information and effect of breach
A party to an agreement in respect of which the benefit of the block exemption is claimed must provide to the CMAf1 such information in connection with the agreement as the CMA may request by notice in writing.
The party must provide the information within—
the period of ten working daysf2 starting with the relevant day, or
if, having had regard to all the circumstances of the case, the CMA has agreed in writing a longer period, the agreed period.
Where the CMA considers that the party has failed to comply with the obligation in this article without reasonable excuse, the CMA may cancel the block exemption in respect of the agreement by notice in writing, subject to paragraph (4).
Before cancelling the block exemption in respect of the agreement, the CMA must—
give notice in writing of its proposal to cancel the block exemption in respect of the agreement, and
consider any representations made to it.
In this article, “relevant day” means—
where article 12(1)(a)(i) (notice given directly) applies, the day on which the party receives the notice;
where article 12(1)(b) (notice given via publication) applies, the day on which the notice is published,
except that, if the day referred to in sub-paragraph (a) or (b) is not a working day, “relevant day” means the next working day after that day.
Annotations
Footnotes
- f1
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For the meaning of “the CMA”, see section 59(1) of the Act.
- f2
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For the meaning of “working day”, see section 59(1) of the Act.