CHAPTER VU.K.COMPETITION RULES

Article 40U.K.Application of competition rules

[F1Part 1 of the Competition Act 1998 applies] to agreements, decisions and practices F2... which relate to production or marketing of fishery and aquaculture products.

Textual Amendments

Article 41U.K.[F3Exclusions from] the application of competition rules

1.Notwithstanding Article 40 of this Regulation, [F4the prohibition in Chapter 1 of the Competition Act 1988 does] not apply to agreements, decisions and practices of producer organisations which concern the production or sale of fishery and aquaculture products, or the use of joint facilities for the storage, treatment or processing of fishery and aquaculture products, and which:

(a)are necessary to attain the objectives set out in Article 39 TFEU [F5(as it had effect immediately before IP completion day)];

(b)do not imply any obligation to charge identical prices;

(c)do not lead to the partitioning of markets in any form F6...;

(d)do not exclude competition; and

(e)do not eliminate competition in respect of a substantial proportion of the products in question.

2.Notwithstanding Article 40 of this Regulation, [F7the prohibition in Chapter 1 of the Competition Act 1998 does] not apply to agreements, decisions and practices of inter-branch organisations which:

(a)are necessary to attain the objectives set out in Article 39 TFEU [F8(as it had effect immediately before IP completion day)];

(b)do not entail any obligation to apply a fixed price;

(c)do not lead to the partitioning of markets in any form F9...;

(d)do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage;

(e)do not eliminate competition in respect of a substantial proportion of the products in question; and

(f)do not restrict competition in ways which are not essential for the achievement of the [F10fisheries objectives].

[F113.The Competition and Markets Authority may at any time give a direction to the effect that the exclusions in paragraphs (1) and (2) of this Article no longer apply to a particular agreement.

4.Subparagraphs (4) to (8) of paragraph 9 of Schedule 3 to the Competition Act 1998 apply to a direction under paragraph (3) of this Article as they apply to a direction under paragraph 9 of Schedule 3 to the Competition Act 1998.]

Textual Amendments