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.