Competition Act · 2022 Revised Edition · Chapter 2
17. Opposition to block exemption
Official textFrom Attorney General's Chambers, unchanged
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).
block exemption order
“block exemption order” has the meaning assigned to it in section 15(3);
.
An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) shall be treated, as from
agreement
“agreement” includes any agreement, arrangement, understanding, undertaking or promise, whether expressed or implied, written or oral;
Competition the end of the notice period, as falling within a category specified in a block exemption order unless the Commission —
is opposed to it being so treated; and
gives notice in writing to the party concerned of its opposition before the end of that period.
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 —
section 11 prohibition
“section 11 prohibition” means the prohibition referred to in section 11(1);
beginning with the date on which the notification was given;
and
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.
The date specified in a notice under subsection (3)(b) shall not be earlier than the date on which the notice is given.
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.
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;
block exemption
Defined · s 2“block exemption” has the meaning assigned to it in section 15(5);
block exemption order
Defined · s 2“block exemption order” has the meaning assigned to it in section 15(3);
section 11 prohibition
Defined · s 2“section 11 prohibition” means the prohibition referred to in section 11(1);
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