Part I Registration and Judicial Investigation of Restrictive Agreements

5 The European Communities.

(1)

This Act applies to an agreement notwithstanding that it is or may be void by reason of any directly applicable Community provision, or is expressly authorised by or under any such provision; but this subsection is subject to subsection (2) and section 34 below.

(2)

The Court—

(a)

may decline or postpone the exercise of its jurisdiction under sections 1 and 2 above, or

(b)

may, notwithstanding subsection (2) of section 4 above, exercise its jurisdiction under that section,

if and in so far as it appears to the Court right so to do having regard to the operation of any directly applicable Community provision or to the purpose and effect of any authorisation or exemption granted in relation so such a provision.