Section 35(8)

In the case of an investigation conducted by virtue of section 25(2) or (6), this section does not apply if a person has produced evidence to the CMA in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is exempt from the Chapter I prohibition as a result of section 9(1); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which— may affect trade within the United Kingdom, and has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.

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