The Restriction on Agreements and Conduct (Specified Domestic Electrical Goods) Order 1998

Article 85.3 of the EC Treaty

12.—(1) Nothing in articles 4 to 9 of this Order shall have the effect that it is unlawful to make or carry out a provision of an agreement insofar as the making or carrying out of that provision is exempted (as to which see paragraph (2)).

(2) The making or carrying out of a provision of an agreement is exempted if pursuant to Article 85.3, Article 85.1 has been declared inapplicable in the case of—

(a) that agreement; or

(b) a category of agreements of which that agreement is a member.

(3) For the purposes of paragraph (2)(b), the fact that an agreement—

(a) does not have an effect on trade between Member States; or

(b) does not have as its object or effect the prevention, restriction or distortion of competition within the common market,

shall not prevent that agreement being regarded as a member of a category of agreements in the case of which Article 85.1 has been declared inapplicable.

(4) In this article—

“agreement” means an agreement between undertakings, a decision of an association of undertakings or a concerted practice, within the meaning of Article 85.1; and

“Article 85.1” and “Article 85.3” are references—

(a)

to the corresponding Articles of the EC Treaty; and

(b)

to Articles 53.1 and 53.3 respectively of the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.