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Section 14 Notification for a decision.C1

United Kingdom

(1)

F1A party to an agreement who applies for the agreement to be examined under this section must—

(a)

notify the F2OFT of the agreement; and

(b)

apply to the OFT for a decision.

(2)

On an application under this section, the OFT may make a decision as to—

(a)

whether the Chapter I prohibition has been infringed; and

(b)

if it has not been infringed, whether that is because of the effect of an exclusion or because the agreement is exempt from the prohibition.

(3)

If an agreement is notified to the OFT under this section, the application may include a request for the agreement to which it relates to be granted an individual exemption.

(4)

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—

(a)

beginning with the date on which notification was given; and

(b)

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.

(5)

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. 14 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(11); 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. 14 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 5

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