Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000
| Jurisdiction | UK Non-devolved |
2000 No. 310
COMPETITION
The Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000
Made 10th February 2000
Coming into force 1st March 2000
Whereas the Secretary of State laid the draft of this Order before Parliament on 19th January 2000;
And whereas the said draft as so laid has been approved by resolution of each House of Parliament;
Now therefore the Secretary of State in exercise of the powers conferred on him by sections 50 and 71 of the Competition Act 19981, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000 and shall come into force on 1st March 2000.
Definitions
2. In this Order—
“the Act” means the Competition Act 1998;
“interest in land” includes any estate, interest, easement, servitude or right in or over land (including any interest or right created by a licence), and in Scotland also includes any interest under a lease and other heritable right in or over land including a heritable security;
“land” includes buildings and other structures and land covered with water;
“land agreement” means an agreement between undertakings which creates, alters, transfers or terminates an interest in land, or an agreement to enter into such an agreement, together with any obligation and restriction to which Article 6 applies; and to the extent that an agreement is a vertical agreement it is not a land agreement;
“party to an agreement” in respect of a land agreement includes a successor in title to a party to the agreement;
“relevant land” means the land in respect of which a land agreement creates, alters, transfers or terminates an interest, or in respect of which it constitutes an agreement to do so; and “other relevant land” means other land in which a party to a land agreement has an interest; and
“vertical agreement” means an agreement between undertakings, each of which operates, for the purposes of the agreement, at a different level of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain goods or services and includes provisions contained in such agreements which relate to the assignment to the buyer or use by the buyer of intellectual property rights, provided that those provisions do not constitute the primary object of the agreement and are directly related to the use, sale or resale of goods or services by the buyer or its customers.
Exclusion of vertical agreements from the Chapter I prohibition
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