The Competition Act 1998 (Specialisation Agreements Block Exemption) Order 2022

Transitional and other miscellaneous provision

Transitional provision

11.—(1) In this article, a “ pre-existing specialisation agreement” means an agreement entered into before 1st January 2023 which on 1st January 2023—

(a) does not fall into the category specified in article 3, or falls within that category but does not satisfy the conditions provided for in this Order, and

(b) immediately before that date satisfied the conditions for exemption provided for in Commission Regulation (EU) 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements(1).

(2) A pre-existing specialisation agreement is to be treated as a specialisation agreement specified in article 3 and meeting the conditions provided for in this Order until the end of 31st December 2024.

(3) Articles 8 to 10 apply to a pre-existing specialisation agreement as they apply to a specialisation agreement.

Amendment to retained block exemption regulation

12.—(1) Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements(2) is amended as set out in paragraph (2).

(2) In Article 9, for “Regulation (EU) No 1218/2010” substitute “the Competition Act 1998 (Specialisation Agreements Block Exemption) Order 2022”.

Review

13.—(1) The Secretary of State must from time to time—

(a) carry out a review of this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by this Order,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate, and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this article must be published before the end of the period of five years beginning with the day on which this Order comes into force.

(4) Reports under this article are afterwards to be published at intervals not exceeding five years.

Expiry

14.  This Order ceases to have effect at the end of 31st December 2035.

(1)

EUR 2010/1218, as amended by S.I. 2019/93.

(2)

EUR 2014/316, as amended by S.I. 2019/93.