# Competition Act 1998, Paragraph 3

Extent: E+W+S+N.I.

(1) If, after a preliminary investigation of an application, the OFT considers that it is likely—
(a) that the agreement concerned will infringe the Chapter I prohibition, and
(b) that it would not be appropriate to grant the agreement an individual exemption,
it may make a decision (“a provisional decision”) under this paragraph.
(2) If the OFT makes a provisional decision—
(a) the OFT must notify the applicant in writing of its provisional decision; and
(b) section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied.
(3) When making a provisional decision, the OFT must follow such procedure as may be specified.
(4) A provisional decision does not affect the final determination of an application.
(5) If the OFT has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.

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Source: https://www.legislation.gov.uk/ukpga/1998/41/schedule/5/paragraph/3 (the official version)
Page: https://openlegislation.uk/competition-act-1998/schedule-5/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.