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.)
Marginal Citations