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6.—(1) 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 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”.
(3) Omit Article 2.
(4) For the first paragraph of Article 4 substitute—
“Subject to the provisions of this Regulation, a vertical agreement is exempt from the Chapter 1 prohibition if—
(a)it relates to the conditions under which the parties may purchase, sell or resell spare parts for motor vehicles or provide repair and maintenance services for motor vehicles;
(b)it fulfils the requirements for an exemption under Regulation (EU) No. 330/2010; and
(c)it does not contain any of the hardcore clauses listed in Article 5 of this Regulation.”.
(5) Omit Articles 6 and 7.
(6) In the words after Article 8, omit the words from “This Regulation shall be binding” to “Member States.”.
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