Paragraph 3 Representations

Where, upon the expiry of the period specified in a provisional infringement notice under section 181(4)(d) of the Act, no written representations on the matters referred to in the notice have been made by the respondent, the CMA may proceed with the case in the absence of such written representations.

Where the CMA has given a respondent a reasonable opportunity to make oral representations under section 181(4)(d) and (7) of the Act but no oral representations have been made, the CMA may proceed with the case in the absence of such representations.

Where the respondent makes oral representations, the oral hearing must be chaired by a relevant person who, other than in acting as the chair under this rule or where applicable considering a procedural complaint under rule 6, has not been involved in the day to day running of or as decision maker overseeing the investigation in respect of which the provisional infringement notice has been given.