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Change 1
As published
40 Limited immunity in relation to the Chapter II prohibition.
(1) In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section.
(2) The criteria by reference to which a category is prescribed may, in particular, include—
(a) the turnover of the person whose conduct it is (determined in accordance with prescribed provisions);
(b) the share of the market affected by the conduct (determined in that way).
(3) A person is immune from the effect of section 36(2), so far as that provision relates to decisions about infringement of the Chapter II prohibition, if its conduct is conduct of minor significance; but the CMA may withdraw that immunity under subsection (4).
(4) If the CMA has investigated conduct of minor significance, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the conduct is likely to infringe the Chapter II prohibition.
(5) The CMA must give the person, or persons, whose immunity has been withdrawn written notice of its decision to withdraw the immunity.
(6) A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.
(7) The withdrawal date must be a date after the date on which the decision is made.
(8) In determining the withdrawal date, the CMA must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.
Your change, as a redline
40 Limited immunity in relation to the Chapter II prohibition.
(1) In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section.
(2) The criteria by reference to which a category is prescribed may, in particular, include—
(a) the turnover of the person whose conduct it is (determined in accordance with prescribed provisions);
(b) the share of the market affected by the conduct (determined in that way).
(3) A person is immune from the effect of section 36(2), so far as that provision relates to decisions about infringement of the Chapter II prohibition, if its conduct is conduct of minor significance; but the CMA may withdraw that immunity under subsection (4).
(4) If the CMA has investigated conduct of minor significance, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the conduct is likely to infringe the Chapter II prohibition.
(5) The CMA must give the person, or persons, whose immunity has been withdrawn written notice of its decision to withdraw the immunity.
(6) A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.
(7) The withdrawal date must be a date after the date on which the decision is made.
(8) In determining the withdrawal date, the CMA must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.
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