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

Exclusion from the Chapter I prohibition in relation to logistics service providers

6.—(1) The Chapter I prohibition does not apply to an agreement which—

(a) is between two or more logistics service providers.

(b) relates to a qualifying activity listed in article 4;

(c) is notified to the Secretary of State in accordance with article 8(1); and

(d) meets the conditions set out in paragraph (2).

(2) The conditions referred to in paragraph (1)(d) are—

(a) the purpose of the agreement is to maximise the processing, transport and storage efficiency and the storage capacity of dairy produce and to prevent or mitigate the need for the disposal of milk resulting from a disruption in demand caused by a reason relating to coronavirus; and

(b) the agreement does not have as its object or effect the prevention, restriction or distortion of competition within the United Kingdom, except in relation to qualifying activities set out in article 4 in a market for the provision of dairy produce in any part of the United Kingdom affected by a disruption in demand caused by a reason relating to coronavirus.

(3) The Chapter I prohibition is to be deemed never to have applied in relation to an agreement of the kind referred to in paragraph (1) which was made in the period beginning on 1st April 2020 and ending on the day before the day on which this Order comes into force.