- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/08/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
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Competition Act 1998, Cross Heading: Section 21(2) agreements is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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2[F1(1)The Chapter I prohibition does not apply to an agreement in respect of which a direction under section 21(2) of the M1Restrictive Trade Practices Act 1976 is in force immediately before the coming into force of section 2 (“a section 21(2) agreement”).U.K.
(2)If a material variation is made to a section 21(2) agreement, sub-paragraph (1) ceases to apply to the agreement on the coming into force of the variation.
(3)Sub-paragraph (1) does not apply to a particular section 21(2) agreement if the [F2OFT] gives a direction under this paragraph to that effect.
(4)If the [F2OFT] is considering whether to give a direction under this paragraph, [F3it] may by notice in writing require any party to the agreement in question to give [F3the OFT] such information in connection with the agreement as [F3it] may require.
(5)The [F2OFT] may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).
(6)If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the [F2OFT] may give a direction under this paragraph.
(7)The [F2OFT] may also give a direction under this paragraph [F4if it] considers—
(a)that the agreement will, if not excluded, infringe the Chapter I prohibition; and
(b)that [F4the OFT is]not likely to grant it an unconditional individual exemption.
(8)For the purposes of sub-paragraph (7) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).
(9)A direction under this paragraph—
(a)must be in writing;
(b)may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).]
Textual Amendments
F1Sch. 3 para. 2 ceases to have effect (1.5.2007) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(b), Sch. 1 para. 50(a) (with reg. 6(2))
F2Word in Sch. 3 para. 2 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Words in Sch. 3 para. 2(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F4Words in Sch. 3 para. 2(7) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
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