OpenLegislation

Article 12 Withdrawal in individual casesF1

United Kingdom

Original text. Later amendments are not shown.

1.

The Commission may withdraw the benefit of this Regulation, in accordance with Article 29 of Council Regulation (EC) No 1/2003 f1 , where it finds in a particular case that an agreement, decision by an association of undertakings or concerted practice to which Article 3 or Article 13(1) of this Regulation apply nevertheless has certain effects which are incompatible with Article 81(3) in particular where:

(a)

in a given trade, competition from outside the conference within which the consortium operates or from outside a particular consortium is not effective;

(b)

a consortium fails repeatedly to comply with the obligations provided for in Article 9 of this Regulation;

(c)

such effects result from an arbitration award.

2.

Where, in any particular case, an agreement, decision by an association of undertakings or concerted practice referred to in paragraph 1 has effects which are incompatible with Article 81(3) of the Treaty in the territory of a Member State, or in a part thereof, which has all the characteristics of a distinct geographic market, the competition authority of that Member State may withdraw the benefit of this Regulation in respect of that territory.

Annotations

Textual amendments

F1

Substituted by Commission Regulation (EC) No 463/2004 of 12 March 2004 amending Regulation (EC) No 823/2000 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (Text with EEA relevance).

Footnotes

f1

OJ L 1, 4.1.2003, p. 1 .