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Regulation 3 Preliminary investigation by the Director

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If it appears to the Secretary of State that the United Kingdom might have a duty under Article 88 to rule on the question —

(a)

whether or not there is or has been in existence an agreement prohibited by Article 85 to which a qualifying undertaking is a party, or

(b)

whether or not the carrying on of a practice by a qualifying undertaking constitutes an infringement of Article 86,

he may ask the Director to carry out an investigation (a “preliminary investigation”) and to advise the Secretary of State of the outcome.

(2)

In carrying out a preliminary investigation, the Director shall take into account all representations made to him by persons appearing to him to have a substantial interest in the subject matter of the investigation.