EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/2916 |
| Year | 2001 |
(1) These Regulations may be cited as the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 and shall come into force on the day after the day on which they are laid before Parliament.(2) These Regulations shall extend to Northern Ireland.(1) In these Regulations—(2) References in these Regulations to Articles are references to Articles of the treaty establishing the European Community (3) Any provision of these Regulations 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) .(4) Paragraph (3) above does not apply where the context otherwise requires.(5) For the purposes of these Regulations, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.(6) Any power conferred on the Director by these Regulations to require information includes the power to require any document which he believes may contain that information.whether or not there is or has been in existence an agreement which infringes or has infringed the prohibition in Article 81(1) , orwhether or not conduct constitutes an infringement of the prohibition in Article 82,there are reasonable grounds for suspecting that there is or has been in existence an agreement which may infringe the prohibition in Article 81(1) ,there are reasonable grounds for suspecting that the prohibition in Article 82 has been infringed,a party to an agreement applies for an agreement to be considered under regulation 7, ora person applies for conduct to be considered under regulation 10.a request for an exemption has been made to him under regulation 7 by a party to the agreement; andthe conditions for application of Article 81(3) are met.may be granted subject to such conditions or obligations as the Director considers it appropriate to impose; andhas effect for such period as the Director considers appropriate.(3) That period must be specified in the grant of the exemption.(4) On an application in accordance with the rules set out in Schedule 1, the Director may, in accordance with those rules, extend the period for which an exemption has effect.cancel the exemption;vary or remove any condition or obligation; orimpose one or more additional conditions or obligations.(2) If the Director has a reasonable suspicion that the information on which he based his decision to grant an exemption was incomplete, false or misleading in a material particular, he may by notice in writing take any of the steps mentioned in paragraph (1) .(3) Breach of a condition has the effect of cancelling the exemption.(4) Failure to comply with an obligation allows the Director, by notice in writing, to take any of the steps mentioned in paragraph (1) .(5) Any step taken by the Director under paragraph (1) , (2) or (4) has effect from such time as may be specified in the notice.(6) If an exemption is cancelled under paragraph (2) or (4) , the date specified in the notice cancelling it may be earlier than the date on which the notice is given.(7) The Director may act under paragraph (1) , (2) or (4) on his own initiative or on a complaint made by any person.(1) Regulation 7 provides for an agreement to be examined by the Director on the application of a party to the agreement who thinks that it may infringe the prohibition in Article 81(1) .by any person making such an application; andby the Director, in considering such an application.notify the Director of the agreement; andapply to him for a decision.(2) On an application under this regulation, the Director may make a decision as to whether the prohibition in Article 81(1) has been infringed.(3) If an agreement is notified to the Director under this regulation, the application may include a request for the agreement to which it relates to be granted an exemption.(1) This regulation applies to an agreement if the Director has determined an application under regulation 7 by making a decision that the agreement has not infringed the prohibition in Article 81(1) .he has reasonable grounds for believing that there has been a material change of circumstance since he gave his decision; orhe has a reasonable suspicion that the information on which he based his decision was incomplete, false or misleading in a material particular; orpursuant to Article 85(2) , the European Commission has taken a reasoned decision recording an infringement of Article 81(1) and has authorised the United Kingdom to take measures needed to remedy the situation.(1) Regulation 10 provides for conduct of a person which that person thinks may infringe the prohibition in Article 82 to be considered by the Director on the application of that person.by any person making an application, andby the Director, in considering an application.notify the Director of it; andapply to him for a decision.(2) On an application under this regulation the Director may make a decision as to whether the prohibition in Article 82 has been infringed.(1) This regulation applies to conduct if the Director has determined an application under regulation 10 by making a decision that the conduct has not infringed the prohibition in Article 82.
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