Page:Competition Act 2004.pdf/28

28 (2) On an application under this section, the Commission may give the applicant guidance as to whether or not, in its view, the agreement is likely to infringe the section 34 prohibition.

(3) If the Commission considers that the agreement is likely to infringe the section 34 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.

(4) If an agreement to which the section 34 prohibition applies has been notified to the Commission under this section, no penalty shall 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 the notification was given; and
 * (b) ending with such date as may be specified in a notice in writing given to the applicant by the Commission when the application has been determined.

(5) The date specified in a notice under subsection (4)(b) shall not be earlier than the date on which the notice is given.

Notification for decision

44.—(1) A party to an agreement who applies for the agreement to be examined under this section shall—
 * (a) notify the Commission of the agreement; and
 * (b) apply to it for a decision.

(2) On an application under this section, the Commission may make a decision as to—
 * (a) whether the section 34 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 to which the section 34 prohibition applies has been notified to the Commission under this section, no penalty shall 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 the notification was given; and