{
  "url": "https://openlegislation.uk/competition-act-1998/section-23",
  "json_url": "https://openlegislation.uk/competition-act-1998/section-23.json",
  "legislation": "ukpga/1998/41",
  "legislation_title": "Competition Act 1998",
  "legislation_url": "https://openlegislation.uk/competition-act-1998",
  "path": "section/23",
  "kind": "section",
  "number": "23",
  "heading": "Effect of guidance.",
  "text": "(1) This section applies to conduct if the OFT has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.\n(2) The OFT is to take no further action under this Part with respect to the conduct to which this section applies, unless—\n(a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;\n(b) it has a reasonable suspicion that the information on which it based its guidance was incomplete, false or misleading in a material particular; or\n(c) a complaint about the conduct has been made to it.\n(3) No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.\n(4) But the OFT may remove the immunity given by subsection (3) if—\n(a) it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);\n(b) it considers that it is likely that the conduct will infringe the prohibition; and\n(c) it gives notice in writing to the undertaking on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.\n(5) If the OFT has a reasonable suspicion that information—\n(a) on which it based its guidance, and\n(b) which was provided to it by an undertaking engaging in the conduct,\nwas incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 20-24 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))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 23 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(17); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1998/41/section/23",
    "retrieved_at": "2026-10-29T09:22:18.972999+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}