Section 23

This section applies to conduct if the OFT has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition. The OFT is to take no further action under this Part with respect to the conduct 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; or a complaint about the conduct has been made to it. No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct 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 conduct in one of the circumstances mentioned in subsection (2); it considers that it is likely that the conduct will infringe the prohibition; and it gives notice in writing to the undertaking 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 an undertaking engaging in the conduct,

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