Part I Competition

Chapter I Agreements

Exemptions

10F1F2Assimilated exemptions.

F3A1

An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in F4an assimilated block exemption regulation.

F5(1)

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F6(2)

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(3)

An exemption from the Chapter I prohibition under this section is referred to in this Part as F7an assimilated F8exemption.

(4)

F9An assimilated F10exemption—

F11(a)

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(b)

ceases to have effect—

(i)

if the relevant F12F13assimilated block exemption regulation ceases to have effect; or

(ii)

on being cancelled by virtue of subsection (5) or (7).

(5)

In such circumstances and manner as may be specified in rules made under section 51, the F14CMA may—

(a)

impose conditions or obligations subject to which F15an assimilated F16exemption is to have effect F17in respect of an agreement;

(b)

vary or remove any such condition or obligation;

(c)

impose one or more additional conditions or obligations;

(d)

cancel the exemption F18in respect of an agreement.

(6)

In such circumstances as may be specified in rules made under section 51, the date from which cancellation of an exemption is to take effect may be earlier than the date on which notice of cancellation is given.

(7)

Breach of a condition imposed by the F19CMA has the effect of cancelling the exemption.

(8)

In exercising F20its powers under this section, the F21CMA may require any person who is a party to the agreement in question to give F20it such information as F20it may require.

F22(9)

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F22(10)

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F22(11)

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F23(12)

 In this Part, “ F24assimilated block exemption regulation” means the following regulations as amended from time to time—

(a)

Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway;

(b)

Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia);

(c)

Commission Regulation (EU) 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices;

(d)

Commission Regulation (EU) 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector;

(e)

Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;

(f)

Commission Regulation (EU) 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements;

(g)

Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements.