COMPETITION
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- (b) ending with such date as may be specified in a notice in writing given to the applicant by the Commission when the application has been determined.
(4) The date specified in a notice under subsection (3)(b) shall not be earlier than the date on which the notice is given.
Effect of guidance
45.—(1) This section shall apply to an agreement if the Commission has determined an application under section 43 by giving guidance that—
- (a) the agreement is unlikely to infringe the section 34 prohibition, regardless of whether or not it is exempt; or
- (b) the agreement is likely to be exempt under a block exemption.
(2) The Commission shall take no further action under this Part with respect to an agreement to which this section applies, unless—
- (a) it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;
- (b) it has reasonable grounds for suspecting that the information on which it based its guidance was incomplete, false or misleading in a material particular;
- (c) one of the parties to the agreement applies to it for a decision under section 44 with respect to the agreement; or
- (d) a complaint about the agreement has been made to it by a person who is not a party to the agreement.
(3) No penalty may be imposed under this Part in respect of any infringement of the section 34 prohibition by an agreement to which this section applies.
(4) The Commission may remove the immunity given by subsection (3) if—
- (a) it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);
- (b) it considers it likely that the agreement will infringe the section 34 prohibition; and
