Section 15

This section applies to an agreement if the OFT has determined an application under section 13 by giving guidance that— the agreement is unlikely to infringe the Chapter I prohibition, regardless of whether or not it is exempt; the agreement is likely to be exempt under— a block exemption; a parallel exemption; or a section 11 exemption; or it would be likely to grant the agreement an individual exemption if asked to do so. The OFT is to take no further action under this Part with respect to an agreement to which this section applies, unless— it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance; it has a reasonable suspicion that the information on which it based its guidance was incomplete, false or misleading in a material particular; one of the parties to the agreement applies to it for a decision under section 14 with respect to the agreement; or a complaint about the agreement has been made to it by a person who is not a party to the agreement. No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies. But the OFT may remove the immunity given by subsection (3) if— it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2); it considers it likely that the agreement will infringe the prohibition; and it gives notice in writing to the party on whose application the guidance was given that it is removing the immunity as from the date specified in its notice. If the OFT has a reasonable suspicion that information— was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given. on which it based its guidance, and which was provided to it by a party to the agreement,

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