Section 13 Notification for guidance.C1
United Kingdom
On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the agreement is likely to infringe the Chapter I prohibition.
If the OFT considers that the agreement is likely to infringe the prohibition if it is not exempt, its guidance may indicate—
whether the agreement is likely to be exempt from the prohibition under—
a block exemption;
a parallel exemption; or
a section 11 exemption; or
whether it would be likely to grant the agreement an individual exemption if asked to do so.
If an agreement to which the prohibition applies has been notified to the OFT under this section, no penalty is to be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period—
beginning with the date on which notification was given; and
ending with such date as may be specified in a notice in writing given to the applicant by the OFT when the application has been determined.
The date specified in a notice under subsection (4)(b) may not be earlier than the date on which the notice is given.
Annotations
Textual amendments
- F1
Ss. 12-16 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. 9 (with reg. 6(2))
- F2
Words in s. 13 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(10); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications
- C1
S. 13 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 4
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