(2) The Commission may terminate a leniency agreement by giving notice in writing to the other party to the agreement and to any other person who appears to the Commission to be likely to benefit from the agreement, stating—
- (a) the date of the termination; and
- (b) the reasons for the termination.
(3) A notice under subsection (2) must specify the period within which representations may be made to the Commission about the proposed termination.
(4) The period specified for the purpose of subsection (3) must be a period of at least 30 days beginning after the day on which the notice is given.
(5) Before terminating a leniency agreement, the Commission must consider any representations about the proposed termination that are made to it.
Division 4—Warning Notices
82. Warning notices
(1) If the Commission has reasonable cause to believe that—
- (a) a contravention of the first conduct rule has occurred; and
- (b) the contravention does not involve serious anti-competitive conduct,
the Commission must, before bringing proceedings in the Tribunal against the undertaking whose conduct is alleged to constitute the contravention, issue a notice (a “warning notice”) to the undertaking.
(2) A warning notice must—
- (a) describe the conduct (the “contravening conduct”) that is alleged to constitute the contravention;
- (b) identify the undertaking (the “contravening undertaking”) that has engaged in the contravening conduct;
- (c) identify the evidence or other materials that the Commission relies on in support of its allegations;
- (d) state—
- (i) that the Commission requires the contravening undertaking to cease the contravening conduct within the period (the “warning period”) specified in the notice, and not to repeat that conduct after the warning period;
- (ii) that, if the contravening conduct continues after the expiry of the warning period, the Commission may bring proceedings in the Tribunal against the contravening undertaking in respect of the contravening conduct; and
