PART 2Amendment of the Competition Act 1998

3

1

Section 103 is amended as follows.

2

In the heading, for “Parallel exemptions” substitute “Retained exemptions”.

3

Before subsection (1) insert—

A1

An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in a retained block exemption regulation.

4

Omit subsections (1) and (2).

5

In subsection (3), for “parallel exemption” substitute “retained exemption”.

6

In subsection (4)—

a

for “parallel exemption” substitute “retained exemption”;

b

omit paragraph (a) (together with the final “and”);

c

in paragraph (b), for “exemption from the Community prohibition” substitute “retained block exemption regulation”.

7

In subsection (5)—

a

in paragraph (a)—

i

for “parallel exemption” substitute “retained exemption”;

ii

after “effect” insert “in respect of an agreement”;

b

in paragraph (d), after “exemption” insert “in respect of an agreement”.

8

Omit subsections (9) to (11).

9

After subsection (11), insert—

12

 In this Part, “retained block exemption regulation” means the following regulations as amended from time to time—

a

Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway;

b

Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia);

c

Commission Regulation (EU) 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices;

d

Commission Regulation (EU) 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector;

e

Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;

f

Commission Regulation (EU) 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements;

g

Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements.