s 44 Notification for decision
44.—(1) A party to an agreement who applies for the agreement to be examined under this section must —(a) notify the Commission of the agreement; 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 34 prohibition has been infringed; and (b) if it has not been infringed, whether that is —(i) because of the effect of an exclusion; (ii) because the agreement is exempt from the prohibition; or (iii) because a commitment has been accepted pursuant to section 60A(2).[15/2018] (3) If an agreement to which the section 34 prohibition applies has been notified to the Commission under this section, no penalty shall be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period —(a) beginning with the date on which the notification was given; and (b) ending with such date as may be specified in a written notice given to the applicant by the Commission when the application has been determined. (4) The date specified in a notice under subsection (3)(b) must not be earlier than the date on which the notice is given.