Competition Act 1998 (Section 11 Exemption) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/2993 |
| Year | 2001 |
2001 No. 2993
COMPETITION
The Competition Act 1998 (Section 11 Exemption) Regulations 2001
Made 28th August 2001
Laid before Parliament 4th September 2001
Coming into force 30th September 2001
The Secretary of State, in exercise of the powers conferred on her by section 11(2) and section 71 of the Competition Act 19981hereby makes the following Regulations:
Citation
1. These Regulations may be cited as the Competition Act 1998 (Section 11 Exemption) Regulations 2001 and shall come into force on 30th September 2001.
Interpretation
2. In these Regulations—
“the Act” means the Competition Act 1998;
“the Community prohibition” means the prohibition contained in—
(a) paragraph 1 of Article 812of the Treaty;
(b) any corresponding provision replacing, or otherwise derived from, that provision;
“the Director’s rules” means the Director’s rules set out in the Schedule to the Competition Act 1998 (Director’s rules) Order 20003;
“the enforcement regulations” means the EC Competition Law (Articles 84 and 85) Enforcement Regulations 20014.
Exemption
3.—(1) The prescribed circumstances in which agreements in relation to which a ruling may be given by virtue of Article 84 of the Treaty are exempt from the Chapter I prohibition are—
(a)
(a) that an agreement is exempt from the Community prohibition by virtue of a decision by the Director under the enforcement regulations; and
(b)
(b) that the Director has not found that an agreement which would otherwise benefit from a section 11 exemption has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act.
(2) A section 11 exemption—
(a)
(a) subject to paragraph (3), takes effect on the date on which the relevant exemption from the Community prohibition takes effect, and
(b)
(b) ceases to have effect on the date on which—
(i) a cancellation of the relevant exemption from the Community prohibition pursuant to the enforcement regulations takes effect;
(ii) the relevant exemption from the Community prohibition otherwise ceases to have effect; or
(iii) a finding is made by the Director that the agreement to which the relevant exemption relates has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act.
(3) A section 11 exemption may, if the Director considers it appropriate and so determines, take effect from a...
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