Competition Act · 2022 Revised Edition · Chapter 2
13. Individual exemption
Official textFrom Attorney General's Chambers, unchanged
An undertaking may apply to the Minister, through the
undertaking
“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
Commission, for an exemption with respect to a particular agreement from the section 11 prohibition.
The Minister may, with the recommendation of the Commission, by order grant the exemption if, in the opinion of the Minister, the agreement is one to which this section applies.
Minister
“Minister” means the Minister charged with the responsibility for general competition matters;
Competition 20
An exemption granted under this section is referred to as an individual exemption.
individual exemption
“individual exemption” has the same meaning assigned to it under section 13(3);
The individual exemption granted by the Minister may be —
subject to any fees, condition or obligation as the
Commission considers it appropriate to impose; and
for a limited duration as specified in the order.
An individual exemption may provide for it to have effect from a date earlier than that on which the order is made.
This section applies to any agreement which contributes to —
agreement
“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
improving production or distribution; or
promoting technical or economic progress, but which does not —
impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or
afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.
Terms defined in s 2
agreement
Defined · s 2“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
goods
Defined · s 2“goods” means property of every kind, whether tangible or intangible and includes — (a) all kinds of movable property; (b) buildings and other structures; (c) vessels and vehicles; (d) utilities; (e) minerals, trees and crops, whether on, under or attached to land or not; (f) animals, including fish; and (g) chose in action;
individual exemption
Defined · s 2“individual exemption” has the same meaning assigned to it under section 13(3);
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for general competition matters;
section 11 prohibition
Defined · s 2“section 11 prohibition” means the prohibition referred to in section 11(1);
undertaking
Defined · s 2“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
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