Undertakings need not notify CCCS of their agreements or conduct. But there may be occasions when they have serious concerns as to whether they are infringing the Act's prohibitions.
In such situations, they may find it useful to take independent legal advice on these matters. Where relevant, they may also apply to CCCS for :
- Guidance as to whether, in CCCS's view, the agreement or conduct is likely to infringe the Competition Act ("the Act") as it is anti-competitive, or
- A decision by CCCS as to whether the agreement or conduct does in fact infringe the Act.
When applying for guidance or decision, undertakings should make sure that these are existing agreements or conduct. We are unable to accept applications relating to a proposed agreement or conduct that has not been concluded/taken place.