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3. An agreement is of a description specified for the purposes of section 27A of the Act (which defines non-notifiable agreements) if—
(a)it is an agreement which is exempt from Article 85.1 of the EC Treaty by virtue of the application to it of a block exemption regulation; or
(b)it is an agreement which does not fall within the prohibition contained in Article 85.1 of the EC Treaty but which, if it did so fall, would be exempt from that provision by virtue of the application to it of a block exemption regulation.
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