The Competition Act 1998 (Provisional Immunity from Penalties) Regulations 1999

Provisional immunity from penalties

2.  For the purposes of section 41 of the Competition Act 1998 the expression “provisional immunity from penalties” means immunity from fines for breach of the prohibition contained in Article 81(1)(1) of the Treaty by reason of:

(i) Article 15(5)(a) of Council Regulation (EEC) No. 17/62 the First Regulation implementing Articles 85 and 86 of the Treaty(2);

(ii) Article 19(4) of Council Regulation (EEC) No. 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport(3); and

(iii) Article 12(5) of Council Regulation (EEC) No. 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector(4).

(1)

Previously Article 85(1) renumbered as a result of Article 12 of the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts.

(2)

OJ No. L213, 21.2.62, p. 204 (OJ/SE 1959–62, p. 87). Article 86 was renumbered Article 82 as a result of Article 12 of the Treaty signed at Amsterdam on 2nd October 1997.

(3)

OJ No. L378, 31.12.86, p. 4.

(4)

OJ No. L374, 21.12.87, p. 1.