The Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020

Qualifying activities by dairy produce suppliers

3.—(1) For the purposes of this Order a qualifying activity by a dairy produce supplier is—

(a) any activity specified in paragraph (2) insofar as it—

(i) is for the purpose referred to in article 5(2)(a); and

(ii) does not involve the sharing between dairy produce suppliers of any information regarding costs or pricing; or

(b) any activity specified in paragraph (3) insofar as it—

(i) is for the purpose referred to in article 5(4)(a); and

(ii) does not involve the sharing between dairy produce suppliers of any information regarding costs or pricing.

(2) The activities specified in this paragraph are—

(a) collecting and sharing information on surplus milk quantities, stock levels, and aggregate customer demand for milk during the dairy produce demand disruption period;

(b) collecting and sharing information on the availability of milk processing, storage and drying capacity during the dairy produce demand disruption period;

(c) sharing of labour or coordination of the deployment of labour from other industries into the dairy produce supplier workforce during the dairy produce demand disruption period;

(d) coordination and sharing of facilities or coordination of the deployment of new facilities in the dairy produce supply chain during the dairy produce demand disruption period;

(e) coordination on the processing and storage of surplus milk during the dairy produce demand disruption period; and

(f) sharing information on services provided by logistics service providers during the dairy produce demand disruption period.

(3) The activities specified in this paragraph are—

(a) coordination as regards the temporary reduction of milk production during the dairy produce demand disruption period insofar as it does not involve coordination with the object of excluding one or more dairy produce suppliers from the market; and

(b) sharing information on best practices in relation to surplus milk disposal and the environmental impact of surplus milk disposal during the dairy produce demand disruption period.