12.—(1) Nothing in articles 4 to 9 of this Order shall have the effect that it is unlawful to make or carry out a provision of an agreement insofar as the making or carrying out of that provision is exempted (as to which see paragraph (2)).
(2) The making or carrying out of a provision of an agreement is exempted if [F2the agreement is exempt from the Chapter 1 prohibition as a result of—
(a)section 9 of the Competition Act 1998; or
(b)a block exemption or a retained exemption.]
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this article—
“agreement” means an agreement between undertakings, a decision of an association of undertakings or a concerted practice, [F4and those expressions have the same meaning as they do for the purposes of the Competition Act 1998]; and
F5...
[F6“block exemption” has the meaning given by section 6(4) of the Competition Act 1998;]
[F6“the Chapter 1 prohibition” has the meaning given by section 2(8) of the Competition Act 1998;]
[F6“retained exemption” has the meaning given by section 10(3) of the Competition Act 1998.]
Textual Amendments
F1Art. 12 heading substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 10(5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in art. 12(2) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 10(2); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 12(3) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 10(3); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in art. 12(4) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 10(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in art. 12(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 10(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in art. 12(4) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 10(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
