SCHEDULE 3Amendment of retained direct EU legislation

PART 2Amendment of retained EU Regulations

Commission Regulation (EU) 330/20105

1

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 is amended as follows.

2

In Article 1(1)—

a

after point (a), insert—

aa

“the Chapter 1 prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;

b

in point (b), for “Article 101(1) of the Treaty” substitute “the Chapter 1 prohibition”;

c

after point (c), insert—

ca

“retained block exemption regulation” has the meaning given in section 10(10) of the Competition Act 1998;

cb

“block exemption order” has the meaning given in section 6 of the Competition Act 1998;

d

in point (h), for “Article 101(1) of the Treaty” substitute “the Chapter 1 prohibition”.

3

In Article 2—

a

in paragraph 1, for the first subparagraph substitute—

Subject to the provisions of this Regulation, vertical agreements are exempt from the Chapter 1 prohibition.

b

in paragraph 2—

i

for “EUR 50 million” substitute “£44 million”;

ii

for “Article 101 of the Treaty” substitute “the Chapter 1 prohibition”;

c

in paragraph 5, for the words from “block exemption regulation” to the end substitute “retained block exemption regulation or of any block exemption order, unless otherwise provided for in such a regulation or order”.

4

Omit Articles 6 and 9.

5

In the words after Article 10, omit the words from “This Regulation shall be binding” to “Member States.”.