Section 6 Block exemptions.C1

United Kingdom

(1)

If agreements which fall within a particular category of agreement are, in the opinion of the F1CMA, likely to be F2exempt agreements, the CMA may recommend that the Secretary of State make an order specifying that category for the purposes of this section.

(2)

The Secretary of State may make an order (“a block exemption order”) giving effect to such a recommendation—

(a)

in the form in which the recommendation is made; or

(b)

subject to such modifications as he considers appropriate.

(3)

An agreement which falls within a category specified in a block exemption order is exempt from the Chapter I prohibition.

(4)

An exemption under this section is referred to in this Part as a block exemption.

(5)

A block exemption order may impose conditions or obligations subject to which a block exemption is to have effect.

(6)

A block exemption order may provide—

(a)

that breach of a condition imposed by the order has the effect of cancelling the block exemption in respect of an agreement;

(b)

that if there is a failure to comply with an obligation imposed by the order, the CMA may, by notice in writing, cancel the block exemption in respect of the agreement;

(c)

that if the CMA considers that a particular agreement is not F3an exempt agreement, F4it may cancel the block exemption in respect of that agreement.

(7)

A block exemption order may provide that the order is to cease to have effect at the end of a specified period.

(8)

F5In this section—

“exempt agreement” means an agreement which is exempt from the Chapter I prohibition as a result of section 9; and
“specified” means specified in a block exemption order.

Annotations

Textual amendments

F1: Word in s. 6(1)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 2 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in s. 6(1) 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. 4(2)
F3: Words in s. 6(6)(c) 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. 4(3)
F4: Word in s. 6(6)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5: S. 6(8) 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. 4(4)

Modifications

C1: S. 6 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22

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