Competition Act · s 17

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17.
Opposition to block exemption
(1) A block exemption order may provide that a party to an agreement which does not qualify for the block exemption created by the order, but satisfies specified criteria, may notify the Commission of the agreement for the purposes of subsection (2).
.
(2) An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) shall be treated, as from

Competition the end of the notice period, as falling within a category specified in a block exemption order unless the Commission —
(a) is opposed to it being so treated; and
(b) gives notice in writing to the party concerned of its opposition before the end of that period.
(3) If an agreement to which the section 11 prohibition applies has been notified to the Commission under this section, no penalty shall be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period —
(a) beginning with the date on which the notification was given;
and
(b) ending with such date as may be specified in a notice in writing given to the applicant by the Commission when the application has been determined.
(4) The date specified in a notice under subsection (3)(b) shall not be earlier than the date on which the notice is given.
(5) In this section —
“notice period” means such period as may be specified with a view to giving the Commission sufficient time to consider whether to oppose under subsection (2);
“specified” means specified in a block exemption order.

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s 17Opposition to block exemption

(1)

A block exemption order may provide that a party to an agreement which does not qualify for the block exemption created by the order, but satisfies specified criteria, may notify the Commission of the agreement for the purposes of subsection (2).

(2)

An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) shall be treated, as from

Competition the end of the notice period, as falling within a category specified in a block exemption order unless the Commission —

(a)

is opposed to it being so treated; and

(b)

gives notice in writing to the party concerned of its opposition before the end of that period.

(3)

If an agreement to which the section 11 prohibition applies has been notified to the Commission under this section, no penalty shall be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period —

(a)

beginning with the date on which the notification was given;

and

(b)

ending with such date as may be specified in a notice in writing given to the applicant by the Commission when the application has been determined.

(4)

The date specified in a notice under subsection (3)(b) shall not be earlier than the date on which the notice is given.

(5)

In this section —

“notice period” means such period as may be specified with a view to giving the Commission sufficient time to consider whether to oppose under subsection (2);

“specified” means specified in a block exemption order.