The Competition (Amendment etc.) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/93 |
| Year | 2019 |
(1) These Regulations may be cited as the Competition (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.(2) An amendment, repeal or revocation made by these Regulations has the same extent as the provision to which it relates.(3) Transitional or saving provision made by these Regulations has the same extent as the provision to which it relates.The Competition Act 1998
(1) Section 10 (2) In the heading, for “Parallel exemptions” substitute “ Retained exemptions ” .(3) Before subsection (1) insert—“ retained exemption ” .for “parallel exemption” substitute “ retained exemption ” ;omit paragraph (a) (together with the final “and”) ;in paragraph (b) , for “exemption from the Community prohibition” substitute “ retained block exemption regulation ” .for “parallel exemption” substitute “ retained exemption ” ;after “effect” insert “ in respect of an agreement ” ;in paragraph (d) , after “exemption” insert “ in respect of an agreement ” .(8) Omit subsections (9) to (11) .(9) After subsection (11) , insert—After section 10 insert— The Secretary of State may by regulations vary or revoke a retained block exemption regulation.In exercising the power under subsection (1) , the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.If, in the opinion of the CMA, it is appropriate to vary or revoke a retained block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; andconsider any representations about it which are made to it.inform the CMA of the proposed variation or revocation; andtake into account any comments made by the CMA.Omit section 11
(1) Section 25 (2) Omit subsections (3) , (5) and (7) .(3) In subsection (8) (a) , for “parallel exemption” substitute “ retained exemption ” .(4) Omit subsection (9) .(5) In subsection (10) , for “parallel exemption” substitute “ retained exemption ” .(6) Omit subsection (11) .(7) In subsection (12) , omit “or (7) ”.
- (A1) An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in a retained block exemption regulation.
- “(12) In this Part, “retained block exemption regulation” means the following regulations as amended from time to time—
- (a) Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway;
- (b) Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) ;
- (c) Commission Regulation (EU) 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices;
- (d) Commission Regulation (EU) 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector;
- (e) Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;
- (f) 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;
- (g) 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.
- “(1) The Secretary of State may by regulations vary or revoke a retained block exemption regulation.
- (2) In exercising the power under subsection (1) , the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.
- (3) If, in the opinion of the CMA, it is appropriate to vary or revoke a retained block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.
- (4) Before making a recommendation under subsection (3) , the CMA must—
- (a) publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and
- (b) consider any representations about it which are made to it.
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