Requests for Commission to consider conduct
49.—(1) Sections 50 and 51 provide for conduct of a person to be considered by the Commission on the application of that person who thinks the conduct may infringe the section 47 prohibition.
(2) The Minister may make regulations to provide for the procedure to be followed—
- (a) by any person making an application under subsection (1); and
- (b) by the Commission, in considering such an application.
Notification for guidance
50.—(1) A person who applies for conduct to be considered under this section shall—
- (a) notify the Commission of the conduct; and
- (b) apply to it for guidance.
(2) On an application under this section, the Commission may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the section 47 prohibition.
Notification for decision
51.—(1) A person who applies for conduct to be considered under this section shall —
- (a) notify the Commission of the conduct; and
- (b) apply to it for a decision.
(2) On an application under this section, the Commission may make a decision as to—
- (a) whether the section 47 prohibition has been infringed; and
- (b) if it has not been infringed, whether that is because of the effect of an exclusion.
Effect of guidance
52.—(1) This section shall apply to conduct if the Commission has determined an application under section 50 by giving guidance that the conduct is unlikely to infringe the section 47 prohibition.
