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Paragraph 3 F1

United Kingdom

(1)

If, after a preliminary investigation of an application, the F2OFT considers that it is likely that the conduct concerned will infringe the Chapter II prohibition, F3it may make a decision (“a provisional decision”) under this paragraph.

(2)

If the OFT makes a provisional decision, it must notify the applicant in writing of that decision.

(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 22.

Annotations

Textual amendments

F1

Sch. 6 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 51 (with reg. 6(2))

F2

Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F3

Word in Sch. 6 para. 3(1)(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Notes on the whole Act

Textual amendments

F1

Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1