Contents
Chapter I · Agreements
Exemptions
4Individual exemptions.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(a)a certificate of a foreign marriage;
(b)
(2)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(a)a certificate of a foreign marriage;
(b)
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
(5)The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(6)Reports under this regulation are afterwards to be published at intervals not exceeding five years.
5Cancellation etc. of individual exemptions.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(a)a certificate of a foreign marriage;
(b)
(c)
(2)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
(5)The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(6)Reports under this regulation are afterwards to be published at intervals not exceeding five years.
(7)The decision of the sheriff on the appeal is final.
6Block exemptions.#
(1)If agreements which fall within a particular category of agreement are, in the opinion of the CMA, likely to be exempt agreements, the CMA may recommend that the Secretary of State make an order specifying that category for the purposes of this section.
(2)The Secretary of State may make an order (“a block exemption order”) giving effect to such a recommendation—
(a)in the form in which the recommendation is made; or
(b)subject to such modifications as he considers appropriate.
(3)An agreement which falls within a category specified in a block exemption order is exempt from the Chapter I prohibition.
(4)An exemption under this section is referred to in this Part as a block exemption.
(5)A block exemption order may impose conditions or obligations subject to which a block exemption is to have effect.
(6)A block exemption order may provide—
(a)that breach of a condition imposed by the order has the effect of cancelling the block exemption in respect of an agreement;
(b)that if there is a failure to comply with an obligation imposed by the order, the CMA may, by notice in writing, cancel the block exemption in respect of the agreement;
(c)that if the CMA considers that a particular agreement is not an exempt agreement, it may cancel the block exemption in respect of that agreement.
(7)A block exemption order may provide that the order is to cease to have effect at the end of a specified period.
(8)In this section—• “exempt agreement” means an agreement which is exempt from the Chapter I prohibition as a result of section 9; and• “specified” means specified in a block exemption order.
7Block exemptions: opposition.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(a)a certificate of a foreign marriage;
(b)
(2)
(a)a certificate of a foreign marriage;
(b)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
8Block exemptions: procedure.#
(1)Before making a recommendation under section 6(1), the CMA must—
(a)publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and
(b)consider any representations about it which are made to it.
(2)If the Secretary of State proposes to give effect to such a recommendation subject to modifications, he must inform the CMA of the proposed modifications and take into account any comments made by the CMA .
(3)If, in the opinion of the CMA , it is appropriate to vary or revoke a block exemption order it may make a recommendation to that effect to the Secretary of State.
(4)Subsection (1) also applies to any proposed recommendation under subsection (3).
(5)Before exercising its power to vary or revoke a block exemption order (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—
(a)inform the CMA of the proposed variation or revocation; and
(b)take into account any comments made by the CMA.
(6)A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made.
9Exempt agreements.#
(1)An agreement is exempt from the Chapter I prohibition if it—
(2)In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.
(a)contributes to—
(i)improving production or distribution, or
(ii)promoting technical or economic progress,
while allowing consumers a fair share of the resulting benefit; and
(b)does not—
(i)impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or
(ii)afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the products in question.
10Assimilated exemptions.#
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An exemption from the Chapter I prohibition under this section is referred to in this Part as an assimilatedexemption.
(4)An assimilatedexemption—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)ceases to have effect—
(i)if the relevant assimilated block exemption regulation ceases to have effect; or
(ii)on being cancelled by virtue of subsection (5) or (7).
(5)In such circumstances and manner as may be specified in rules made under section 51, the CMA may—
(a)impose conditions or obligations subject to which an assimilatedexemption is to have effect in respect of an agreement;
(b)vary or remove any such condition or obligation;
(c)impose one or more additional conditions or obligations;
(d)cancel the exemption in respect of an agreement.
(7)Breach of a condition imposed by the CMA has the effect of cancelling the exemption.
(8)In exercising its powers under this section, the CMA may require any person who is a party to the agreement in question to give it such information as it may require.
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) In this Part, “assimilated block exemption regulation” means the following regulations as amended from time to time—
(a)Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway;
(b)Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia);
(c)Commission Regulation (EU) 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices;
(d)Commission Regulation (EU) 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector;
(e)Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;
(f)Commission Regulation (EU) 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements;
(g)Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements.
(A1)An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in an assimilated block exemption regulation.
10APower to vary etc assimilated block exemption regulations#
(1)The Secretary of State may by regulations vary or revoke an assimilated block exemption regulation.
(2)In exercising the power under subsection (1), the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.
(3)If, in the opinion of the CMA, it is appropriate to vary or revoke an assimilated block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.
(4)Before making a recommendation under subsection (3), the CMA must—
(a)publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and
(b)consider any representations about it which are made to it.
(5)Before exercising the power to vary or revoke an assimilated block exemption regulation (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—
(a)inform the CMA of the proposed variation or revocation; and
(b)take into account any comments made by the CMA.
Introduction
Notification
12Requests for OFT to examine agreements.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(2)
(a)a certificate of a foreign marriage;
(b)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(a)a certificate of a foreign marriage;
(b)
13Notification for guidance.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(a)a certificate of a foreign marriage;
(b)
(2)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(a)a certificate of a foreign marriage;
(i)the person does not reside in one of the No. 7 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;
(ii)in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and
(iii)after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.
(b)
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
(a)a certificate of a foreign marriage;
(b)
(5)The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
14Notification for a decision.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(a)a certificate of a foreign marriage;
(b)
(2)
(a)a certificate of a foreign marriage;
(b)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
(a)a certificate of a foreign marriage;
(b)
(5)The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
15Effect of guidance.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(a)a certificate of a foreign marriage;
(b)
(i)the person does not reside in one of the No. 7 relevant districts or does not fall within the Pathfinder Group on the day on which the claim is made or treated as made;
(ii)in connection with the claim, the person gives incorrect information regarding their residence in such a district or their falling within the Pathfinder Group; and
(iii)after a decision is made that the person is entitled to universal credit and one or more payments have been made in respect of the person, the Secretary of State discovers that the person gave that incorrect information.
(c)
(2)
(a)a certificate of a foreign marriage;
(b)
(c)
(d)the Olive Oil (Designations of Origin) Regulations 1999, so far as still in force;
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
(a)a certificate of a foreign marriage;
(b)
(c)
(5)The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(a)a certificate of a foreign marriage;
(b)
16Effect of a decision that the Chapter I prohibition has not been infringed.#
(1)Regulations 35(1), 36(1) and (5) and 38 of the Food Labelling Regulations 1996 (which relate to the manner of marking or labelling of food) apply to the particulars with which a regulated product is required to be marked or labelled by the provisions of these Regulations listed in paragraph (2).
(2)
(a)a certificate of a foreign marriage;
(b)
(3)“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product.
(4)A certified copy provided by a Registrar General under paragraph (1) of any entry in the register is sufficient evidence of the formation of a foreign marriage.
(a)a certificate of a foreign marriage;
(b)
(c)
(5)The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(a)a certificate of a foreign marriage;
(b)
Excluded agreements
3Excluded agreements.#
(1)The Chapter I prohibition does not apply in any of the cases in which it is excluded by or as a result of—
(a)Schedule 1 (mergers and concentrations);
(b)Schedule 2 (competition scrutiny under other enactments);
(c)Schedule 3 (planning obligations and other general exclusions). note...
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may at any time by order amend Schedule 1, with respect to the Chapter I prohibition, by—
(a)providing for one or more additional exclusions; or
(b)amending or removing any provision (whether or not it has been added by an order under this subsection).
(3)The Secretary of State may at any time by order amend Schedule 3, with respect to the Chapter I prohibition, by—
(a)providing for one or more additional exclusions; or
(b)amending or removing any provision—
(i)added by an order under this subsection; or
(ii)included in paragraph 1 note... or 9 of Schedule 3.
(4)The power under subsection (3) to provide for an additional exclusion may be exercised only if it appears to the Secretary of State that agreements which fall within the additional exclusion—
(a)do not in general have an adverse effect on competition, or
(b)are, in general, best considered under Chapter II or the noteFair Trading Act 1973the Enterprise Act 2002.
(5)An order under subsection (2)(a) or (3)(a) may include provision (similar to that made with respect to any other exclusion provided by the relevant Schedule) for the exclusion concerned to cease to apply to a particular agreement.
(6)Schedule 3 also gives the Secretary of State power to exclude agreements from the Chapter I prohibition in certain circumstances.
The prohibition
2Agreements etc. preventing, restricting or distorting competition.#
(1)Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom and which—
(a)in the case of agreements, decisions or practices implemented, or intended to be implemented in the United Kingdom, may affect trade in the United Kingdom, or
(b)in any other case, are likely to have an immediate, substantial and foreseeable effect on trade within the United Kingdom,
are prohibited unless they are exempt in accordance with the provisions of this Part.
(2)Subsection (1) applies, in particular, to agreements, decisions or practices which—
(a)directly or indirectly fix purchase or selling prices or any other trading conditions;
(b)limit or control production, markets, technical development or investment;
(c)share markets or sources of supply;
(d)apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
(e)make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Subsection (5) does not apply where the context otherwise requires.
(7)In this section “the United Kingdom” means, in relation to an agreement which operates or is intended to operate only in a part of the United Kingdom, that part.
(8)The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter I prohibition”.
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