Exclusion from the Chapter I prohibition4.

(1)

The prohibition contained in Chapter I of the Competition Act 1998 shall not apply to—

(a)

any Qualifying Protocol; or

(b)

any other agreement or concerted practice between two or more Protocol Parties, or any decision by an association of undertakings that is a Protocol Party to the extent that the agreement, concerted practice or decision—

(i)

is made, entered into, or taken during the period in which the Qualifying Protocol is activated; and

(ii)

implements the Qualifying Protocol in respect the fuel supply disruption for which the Qualifying Protocol has been activated;

where the condition in paragraph 2 is met.

(2)

The condition referred to in paragraph (1) is that the Qualifying Protocol or other agreement, concerted practice or decision does not have as its object or effect the prevention, restriction or distortion of competition within the United Kingdom, except in relation to a market for fuel affected by the fuel supply disruption for which the Qualifying Protocol has been activated.