{
  "url": "https://openlegislation.uk/competition-act-1998-office-of-fair-tradings-rules-order-2004/schedule/paragraph-12",
  "json_url": "https://openlegislation.uk/competition-act-1998-office-of-fair-tradings-rules-order-2004/schedule/paragraph-12.json",
  "legislation": "uksi/2004/2751",
  "legislation_title": "The Competition Act 1998 (Office of Fair Trading’s Rules) Order 2004",
  "legislation_url": "https://openlegislation.uk/competition-act-1998-office-of-fair-tradings-rules-order-2004",
  "path": "schedule/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Cancellation etc. of a parallel exemption",
  "text": "(1) The circumstances in which the OFT may exercise the powers in section 10(5)(a), 10(5)(c) and 10(5)(d) of the Act are where it finds that an agreement which benefits from a parallel exemption nevertheless has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9(1) of the Act.\n(2) The circumstances in which the OFT may exercise the powers in section 10(5)(b) of the Act are where, having previously exercised the powers in section 10(5)(a) or 10(5)(c) of the Act in respect of an agreement, the OFT finds that—\n(a) as a result of a material change in circumstances since the exercise of those powers, any condition or obligation it has imposed in exercise of those powers is no longer necessary to ensure that the effects of the agreement in the United Kingdom, or a part of it, are compatible with the conditions laid down in section 9(1) of the Act; or\n(b) as a result of a material change in circumstances since the exercise of those powers, or as a result of information supplied in response to a notice given under paragraph (3) being incomplete, false or misleading in a material particular, the agreement has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9(1) of the Act.\n(3) Subject to rules 17 and 18, if (other than in the circumstances referred to in paragraph (2)(a)) the OFT proposes to exercise any of the powers in section 10(5) of the Act it shall give notice to each person who it considers is a party to the agreement and the provisions of rule 5 shall apply.\n(4) Subject to rules 17 and 18, if the OFT proposes to exercise any of the powers in section 10(5)(b) of the Act in the circumstances referred to in paragraph (2)(a) it shall consult each person who it considers is a party to the agreement.\n(5) If the OFT proposes to exercise any of the powers in section 10(5) of the Act it may consult the public.\n(6) If the OFT has made a decision in exercise of any of its powers in section 10(5) of the Act it shall—\n(a) subject to rules 17 and 18, give notice of the decision to each person who the OFT considers is a party to the agreement, stating the facts on which it bases the decision and its reasons for the decision; and\n(b) publish the decision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/1809",
      "affecting_title": "The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/2751/schedule/paragraph/12",
    "retrieved_at": "2026-10-29T05:16:33.715211+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}