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Section 8

Block exemption

of Competition Act 2010

ActIn forceProvision 8 of 67
Section 8
(1)

If agreements which fall within a particular category of agreements are, in the opinion of the Commission, likely to be agreements to which section 5 applies, the Commission may, by order published in the Gazette, grant an exemption to the particular category of agreements.

(2)

An exemption granted under this section is referred to as a “block exemption”.

(3)

An agreement which falls within a category specified in a block exemption is exempt from the prohibition under section 4.

(4)

The Commission in granting the block exemption may impose any condition or obligation subject to which a block exemption shall have effect.

Competition 15

(5)

A block exemption may provide that—

(a)

if there is a breach of a condition imposed by the block exemption, the Commission may, by notice in writing, cancel the block exemption in respect of the agreement from the date of the breach;

(b)

if there is a failure to comply with an obligation imposed by the block exemption, the Commission may, by notice in writing, cancel the block exemption in respect of the agreement;

(c)

if the Commission considers that a particular agreement is not one to which section 5 applies, the Commission may, by notice in writing, cancel the block exemption in respect of the agreement from such date as the

Commission may specify;

(d)

the block exemption shall cease to have effect at the end of a period specified in the order; or

(e)

the block exemption is to have effect from a date earlier than that on which the order is made.