Competition Act 1998

4 (1) The exclusion provided by paragraph 1 does not apply to a particular agreement if the [F1 CMA] gives a direction under this paragraph to that effect. U.K.

(2) If the [F1 CMA] is considering whether to give a direction under this paragraph, [F2 it] may by notice in writing require any party to the agreement in question to give [F2 the [F1 CMA]] such information in connection with the agreement as [F2 it] may require.

(3) The [F1 CMA] may give a direction under this paragraph only as provided in sub-paragraph (4) or (5).

(4) 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 (2), the [F1 CMA] may give a direction under this paragraph.

(5) The [F1 CMA] may also give a direction under this paragraph if—

[F3 (a) it considers that the agreement will, if not excluded, infringe the Chapter I prohibition; and]

(b) the agreement is not a protected agreement.

(6) [F4 For the purposes of sub-paragraph (5), an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).]

(7) 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

F1 Words in Sch. 1 para. 4(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 53(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in Sch. 1 para. 4(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F3 Sch. 1 para. 4(5)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(a)

F4 Sch. 1 para. 4(6) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(b) (with reg. 6(2))

Modifications etc. (not altering text)

C1 Sch. 1 para. 4 applied (1.3.2000) by S.I. 2000/310, art. 7