- (a) that there has been a material change of circumstances since the decision was made; or
- (b) that the information on which it based its decision was incomplete, false or misleading in a material particular.
(2) Before rescinding a decision under this section the Commission must—
- (a) in order to bring the proposed rescission to the attention of those undertakings the Commission considers likely to be affected by it, publish notice of the proposed rescission—
- (i) stating that the Commission is considering rescinding the decision and the reasons why it is considering the rescission; and
- (ii) inviting the undertakings to make representations about the proposed rescission within the period specified in the notice; and
- (b) consider any representations received within the period specified in the notice.
(3) The notice referred to in subsection (2) must be published—
- (a) through the Internet or a similar electronic network; and
- (b) in any other manner the Commission considers appropriate.
(4) The period specified in the notice published under subsection (2) must be a period of at least 30 days beginning after the day on which the notice is published.
(5) If, after—
- (a) the expiry of the period specified in the notice published under subsection (2); and
- (b) considering any representations received within that period,
the Commission is of the view that the decision should be rescinded, it may, by notice in writing given to each undertaking for which the decision provides immunity, rescind that decision.
(6) A notice of rescission given under subsection (5) must inform the undertakings of—
- (a) the rescission and the reasons for the rescission;
- (b) the date on which the determination to rescind the decision was made; and
- (c) the date from which the rescission takes effect.
(7) If the Commission is satisfied that any information—
- (a) on which it based its decision; and
- (b) which was provided to it by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (6)(c) may be earlier than the date on which the notice is given.
