The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

31.2—(a) An act or omission of a kind described in paragraph 31.1 is not prohibited where:

(i) it has or would have no appreciable effect on competition; or

(ii) it has or would have no effect on competition between persons engaged in commercial activities connected with telecommunications and it would have no effect on users of telecommunication services.

(b) An act or omission of a kind described in paragraph 31.1(b) is not prohibited by this Condition if the agreement, decision or concerted practice contributes to improving the provision of any goods or services or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit and does not:

(i) impose on the parties concerned restrictions which are not indispensable to attaining those objectives; and

(ii) afford such parties the possibility of eliminating competition in respect of a substantial part of the goods or services in question.

(c) This Condition shall not apply to any provision of an agreement insofar as it is a provision by virtue of which the Restrictive Trade Practices Act 1976 applies to that agreement.

(d) This Condition shall not apply to a merger situation qualifying for investigation under the Fair Trading Act 1973.