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European Communities Act 1972

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This is the original version (as it was originally enacted).

10Restrictive trade practices

(1)Part I of the Restrictive Trade Practices Act 1956 shall apply to an agreement notwithstanding that it is or may be void by reason of any directly applicable Community provision, or is expressly authorised by or under any such provision; but the Restrictive Practices Court may decline or postpone the exercise of its jurisdiction under section 20 of the Act, or may (notwithstanding section 22(2)) exercise its jurisdiction under section 22, if and in so far as it appears to the court right so to do having regard to the operation of any such provision or to the purpose and effect of any authorisation or exemption granted in relation thereto, and the Registrar may refrain from taking proceedings before the court in respect of any agreement if and for so long as he thinks it appropriate so to do having regard to the operation of any such provision and to the purpose and effect of any such authorisation or exemption.

(2)Regulations under section 19 of the Restrictive Trade Practices Act 1956 may require that the Registrar shall be furnished in respect of an agreement with information as to any steps taken, or decision given, under or for the purpose of any directly applicable Community provision affecting the agreement, and that the information so given or such part, if any of it, as may be provided by the regulations shall be included in the particulars to be entered or filed in the register under section 11(2); but an agreement shall be exempt from registration under the Act so long as there is in force in relation thereto any authorisation given for the purpose of any provision of the E.C.S.C. Treaty relating to restrictive trade practices.

(3)At the end of section 33(1) of the Restrictive Trade Practices Act 1956 (which restricts the disclosure of information obtained under the Act to the purposes there specified) there shall be added the words

or is made in pursuance of a Community obligation.

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