The Competition Act 1998 (Groceries) (Public Policy Exclusion) Order 2020

Exclusion from the Chapter I prohibition

4.—(1) The prohibition contained in Chapter I of the Competition Act 1998 does not apply to an agreement(1) which—

(a) is between two or more groceries-chain suppliers;

(b) relates to a qualifying activity listed in article 3;

(c) is notified to the Secretary of State in accordance with article 5(1); and

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

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

(a) the purpose of the agreement is to prevent or mitigate disruption to the supply of groceries to consumers in any part of the United Kingdom during the groceries supply disruption period; 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 3 in a market for the provision of groceries to consumers in any part of the United Kingdom.

(3) The prohibition contained in Chapter I of the Competition Act 1998 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 17th December 2020 and ending the day before the day on which this Order comes into force.

(1)

Under section 59 of the Competition Act 1998 (interpretation) references in Part 1 of that Act to “agreement” are to be read with section 2(5) and (6) of the Act which provide that, unless the context otherwise requires, a provision of Part 1 of the Act which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).