{
  "url": "https://openlegislation.uk/competition-act-1998-research-and-development-agreements-block-exemption-order-2022/article-9",
  "json_url": "https://openlegislation.uk/competition-act-1998-research-and-development-agreements-block-exemption-order-2022/article-9.json",
  "legislation": "uksi/2022/1271",
  "legislation_title": "The Competition Act 1998 (Research and Development Agreements Block Exemption) Order 2022",
  "legislation_url": "https://openlegislation.uk/competition-act-1998-research-and-development-agreements-block-exemption-order-2022",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Rules for applying thresholds",
  "text": "(1) For the purposes of applying the market share thresholds provided for in article 8, the following rules apply—\n(a) the market share of an undertaking is to be calculated on the basis of market sales value data, or, where market sales value data are not available, estimates based on other reliable market information, such as market sales volumes or expenditure on research and development;\n(b) the market share of an undertaking is to be calculated on the basis of data or information relating to the calendar year preceding that in which the calculation is being made, or, where that calendar year is not representative of the undertaking’s position in the relevant market, calculated as an average of the undertaking’s market shares for the three calendar years preceding that in which the calculation is being made.\n(2) The market share held by the undertakings referred to in paragraph (e) of the definition of “connected undertakings” in article 2(1) is to be apportioned equally to each undertaking having the rights or the powers listed in paragraph (a) of that definition.\n(3) For the purposes of applying the threshold provided for in article 8(5)—\n(a) the assessment of the comparability ofcompeting R&D efforts is to be made on the basis of reliable information concerning elements such as—\n(i) the size, stage and timing of the research and development efforts,\n(ii) the availability of financial and human resources to the third party or parties pursuing the research and development efforts, their intellectual property rights, know-how or other relevant assets, and their previous research and development efforts, and\n(iii) the ability of the third party or parties to exploit in the United Kingdom, directly or indirectly, any possible results of the research and development efforts, and the likelihood of their doing so, and\n(b) the assessment of whether a third party is able independently to engage in a research and development effort of the kind referred to in article 8(5)(b) is to be made on the basis of reliable information concerning elements such as—\n(i) the availability of financial and human resources to the third party or parties, their intellectual property rights, know-how or other relevant assets, and their previous research and development efforts, and\n(ii) the ability of the third party or parties to exploit in the United Kingdom, directly or indirectly, any possible results of a research and development effort of that kind.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 9 in force at 1.1.2023, see art. 1(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/1271/article/9",
    "retrieved_at": "2026-10-28T21:52:40.487002+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."
}