Schedule 5, paragraph 3

If, after a preliminary investigation of an application, the OFT considers that it is likely— it may make a decision (“a provisional decision”) under this paragraph. that the agreement concerned will infringe the Chapter I prohibition, and that it would not be appropriate to grant the agreement an individual exemption, If the OFT makes a provisional decision— the OFT must notify the applicant in writing of its provisional decision; and section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied. When making a provisional decision, the OFT must follow such procedure as may be specified. A provisional decision does not affect the final determination of an application. If the OFT has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.

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Source: legislation.gov.uk · retrieved 2026-09-04