The Competition Act 1998 (Carbon Dioxide) (Public Policy Exclusion) Order 2021

Qualifying activities

3.—(1) For the purposes of this Order a qualifying activity is any activity specified in paragraph (2) insofar as it—

(a) is for the purpose referred to in article 4(4)(a); and

(b) in the case of a qualifying activity specified in paragraph (2)(b) or (c), does not involve the sharing between distributors of any information regarding costs or pricing.

(2) The activities specified in this paragraph are—

(a) sharing information during the CO₂ negotiation period in relation to—

(i) the price payable by a distributor for the purchase of CO₂;

(ii) the quantity of CO₂ purchased or to be purchased by a distributor;

(iii) the term of any contract relating to the purchase by a distributor of CO₂; and

(iv) the names of consumers;

(b) sharing information and coordination as regards the allocation, movement and distribution of CO₂ to consumers and, in particular, essential users during the Chapter I exclusion period; and

(c) sharing information on the day to day stock position and shortages of CO₂ within any part of the United Kingdom during the Chapter I exclusion period.