OpenLegislation

Section 3 Excluded agreements.I1C1

United Kingdom

(1)

The Chapter I prohibition does not apply in any of the cases in which it is excluded by or as a result of—

(a)

Schedule 1 (mergers and concentrations);

(b)

Schedule 2 (competition scrutiny under other enactments);

(c)

Schedule 3 (planning obligations and other general exclusions). F1...

(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The Secretary of State may at any time by order amend Schedule 1, with respect to the Chapter I prohibition, by—

(a)

providing for one or more additional exclusions; or

(b)

amending or removing any provision (whether or not it has been added by an order under this subsection).

(3)

The Secretary of State may at any time by order amend Schedule 3, with respect to the Chapter I prohibition, by—

(a)

providing for one or more additional exclusions; or

(b)

amending or removing any provision—

(i)

added by an order under this subsection; or

(ii)

included in paragraph 1 F3... or 9 of Schedule 3.

(4)

The power under subsection (3) to provide for an additional exclusion may be exercised only if it appears to the Secretary of State that agreements which fall within the additional exclusion—

(a)

do not in general have an adverse effect on competition, or

(b)

are, in general, best considered under Chapter II or F4the M1Fair Trading Act 1973the Enterprise Act 2002.

(5)

An order under subsection (2)(a) or (3)(a) may include provision (similar to that made with respect to any other exclusion provided by the relevant Schedule) for the exclusion concerned to cease to apply to a particular agreement.

(6)

Schedule 3 also gives the Secretary of State power to exclude agreements from the Chapter I prohibition in certain circumstances.

Annotations

Textual amendments

F1

Word in s. 3(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F2

S. 3(1)(d) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 207, 279, Sch. 26 (with Sch. 24 paras. 20, 22); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F3

Words in s. 3(3)(b)(ii) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 120(3), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F4

Words in s. 3(4)(b) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(2); S.I. 2003/1397, art. 2(1), Sch. (with art. 3(1)); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

Marginal citations

M1

1973 c. 41.

Modifications

C1

S. 3 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22

Commencement

I1

S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 76(3); s. 3(1)(b) in force for certain purposes at 11.1.1999 and s. 3(1)(a)(c)(d)(2)-(6) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; s. 3(1)(b) fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

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