PART IV
DECISIONS
Proposed infringement decision
11.—(1)  If the Commission proposes to make an infringement decision —
(a)the Commission shall give notice of this stating which one or more of the section 34 prohibition and the section 47 prohibition the Commission considers has been infringed; and
(b)the provisions of regulation 12 shall apply.
(2)  The notice referred to in paragraph (1)(a) shall be given —
(a)where an application was made under section 44 or 51 of the Act, to the applicant and those persons whom the applicant has identified in the application as being the other parties to the agreement, or the other persons, if any, who are engaged in the conduct, as the case may be, which the Commission considers has led to the infringement; or
(b)where no application was made under section 44 or 51 of the Act, to each person whom the Commission considers is or was a party to the agreement, or is or was engaged in the conduct, which the Commission considers infringes one or more of the prohibitions specified in paragraph (1)(a).
Notices, access to file and representations
12.—(1)  Every notice shall state —
(a)the facts on which the Commission relies, the objections taken by the Commission, the action the Commission proposes and its reasons for the proposed action;
(b)the period within which a relevant person may make written representations to the Commission identifying the information contained in the notice which that relevant person considers the Commission should treat as confidential information and explaining why he considers the Commission should treat such information as confidential information; and
(c)the period within which a relevant person may make written representations to the Commission on the matters referred to in the notice.
(2)  The Commission shall give a relevant person a reasonable opportunity to inspect the documents in the Commission’s file that relate to the matters referred to in the notice given to that relevant person, except that the Commission may withhold any document —
(a)to the extent that it contains confidential information; or
(b)which is an internal document.
(3)  Where, in written representations on the matters referred to in a notice given to a relevant person, that relevant person requests to make oral representations to the Commission on such matters, the Commission may give that relevant person a reasonable opportunity to make such oral representations.
(4)  Where, upon the expiry of the period referred to in paragraph (1)(c), no written representations on the matters referred to in a notice given to a relevant person have been made by that relevant person, the Commission may proceed with the case in the absence of such representations.
(5)  Where the Commission has given a relevant person a reasonable opportunity to make oral representations under paragraph (3) but no oral representations have been made, the Commission may proceed with the case in the absence of such representations.
(6)  Nothing in paragraph (1)(b) shall be construed as restricting the application of regulation 29(1) and (2).
(7)  In this regulation —
“notice” means a notice that the Commission is required to give under regulation 11;
“relevant person” means a person to whom notice is required to be given under regulation 11.
Notice of decision
13.—(1)  Where the Commission has made an infringement decision, it shall —
(a)give notice of the infringement decision to —
(i)where an application was made under section 44 or 51 of the Act, the applicant and those persons whom the applicant has identified in the application as being the other parties to the agreement, or the other persons, if any, who are engaged in the conduct, to which the application relates, as the case may be;
(ii)where no application was made under section 44 or 51 of the Act, each person who the Commission considers is or was a party to the agreement, or is or was engaged in the conduct, which is the subject of the infringement decision,
stating the facts on which the Commission bases the infringement decision and the Commission’s reasons for making the infringement decision; and
(b)publish the infringement decision.
(2)  Where the Commission has made a decision that there are no grounds for action in respect of —
(a)an agreement because the conditions of the section 34 prohibition are not met or because the agreement is excluded under section 35 of the Act or exempted under section 36 of the Act; or
(b)conduct because the conditions of the section 47 prohibition are not met or because the conduct is excluded under section 48 of the Act,
the Commission —
(i)shall, without delay, give notice of the decision to —
(A)where the decision was made following an application under section 44 or 51 of the Act, the applicant and those persons whom the applicant has identified in the application as being the other parties to the agreement, or the other persons, if any, who are engaged in the conduct, to which the application relates, as the case may be; and
(B)where no application under section 44 or 51 of the Act was made —
(AA)any person who the Commission considers is or was a party to the agreement, or is or was engaged in conduct, in respect of whom the Commission or an officer has exercised any of the powers of investigation in the Act; and
(BB)such other person as the Commission deems appropriate,
stating the facts on which the Commission bases the decision and the Commission’s reasons for making the decision; and
(ii)may publish the decision.
(3)  The Commission may determine an application for a decision under section 44 or 51 of the Act by exercising its discretion not to give a decision, whereupon the Commission shall give notice to the applicant of that fact.
Further action after decision
14.  If, having made a decision of the kind referred to in section 46(1) or 53(1) of the Act following an application, the Commission proposes to take further action under Part III of the Act, the Commission shall consult —
(a)the applicant; and
(b)those persons whom the applicant has identified in the application as being the other parties to the agreement, or the other persons, if any, who are engaged in the conduct, as the case may be, which is the subject of the decision.