Paragraph 4 C1

United Kingdom

(1)

The exclusion provided by paragraph 1 does not apply to a particular agreement if the F1CMA gives a direction under this paragraph to that effect.

(2)

If the CMA is considering whether to give a direction under this paragraph, F2it may by notice in writing require any party to the agreement in question to give the CMA such information in connection with the agreement as it may require.

(3)

The CMA may give a direction under this paragraph only as provided in sub-paragraph (4) or (5).

(4)

If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (2), the CMA may give a direction under this paragraph.

(5)

The CMA may also give a direction under this paragraph if—

F3(a)

it considers that the agreement will, if not excluded, infringe the Chapter I prohibition; and

(b)

the agreement is not a protected agreement.

(6)

~~F4For the purposes of sub-paragraph (5), an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).~~

(7)

A direction under this paragraph—

(a)

must be in writing;

(b)

may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).

Annotations

Textual amendments

F1: Words in Sch. 1 para. 4(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 53(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in Sch. 1 para. 4(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F3: Sch. 1 para. 4(5)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(a)
F4: Sch. 1 para. 4(6) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(b) (with reg. 6(2))

Modifications

C1: Sch. 1 para. 4 applied (1.3.2000) by S.I. 2000/310, art. 7

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1