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Statutory Instruments

2001 No. 2993

COMPETITION

The Competition Act 1998 (Section 11 Exemption) Regulations 2001

Made

28th August 2001

Laid before Parliament

4th September 2001

Coming into force

30th September 2001

The Secretary of State, in exercise of the powers conferred on her by section 11(2) and section 71 of the Competition Act 1998( 1 ) hereby makes the following Regulations:

Citation

1. These Regulations may be cited as the Competition Act 1998 (Section 11 Exemption) Regulations 2001 and shall come into force on 30th September 2001.

Interpretation

2. In these Regulations—

“the Act” means the Competition Act 1998;

“the Community prohibition” means the prohibition contained in—

(a)

paragraph 1 of Article 81( 2 ) of the Treaty;

(b)

any corresponding provision replacing, or otherwise derived from, that provision;

“the Director’s rules” means the Director’s rules set out in the Schedule to the Competition Act 1998 (Director’s rules) Order 2000( 3 );

“the enforcement regulations” means the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001( 4 ).

Exemption

3. —(1) The prescribed circumstances in which agreements in relation to which a ruling may be given by virtue of Article 84 of the Treaty are exempt from the Chapter I prohibition are—

(a) that an agreement is exempt from the Community prohibition by virtue of a decision by the Director under the enforcement regulations; and

(b) that the Director has not found that an agreement which would otherwise benefit from a section 11 exemption has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act.

(2) A section 11 exemption—

(a) subject to paragraph (3), takes effect on the date on which the relevant exemption from the Community prohibition takes effect, and

(b) ceases to have effect on the date on which—

(i) a cancellation of the relevant exemption from the Community prohibition pursuant to the enforcement regulations takes effect;

(ii) the relevant exemption from the Community prohibition otherwise ceases to have effect; or

(iii) a finding is made by the Director that the agreement to which the relevant exemption relates has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act.

(3) A section 11 exemption may, if the Director considers it appropriate and so determines, take effect from a date specified by the Director which is earlier than the date on which the exemption from the Community prohibition takes effect.

(4) The Director shall not make a finding that the agreement to which the relevant exemption relates has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act unless he does so in the manner specified in rule 21 of the Director’s rules.

Brian Wilson,

Minister of State for Industry and Energy,

Department of Trade and Industry

28th August 2001

( 1 )

( 2 )

References in these Regulations to Articles of the Treaty are to Articles as renumbered by the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts.

( 3 )

S.I. 2000/293 .

( 4 )

S.I. 2001/2916 .

1. Citation

2. Interpretation

3. Exemption

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

The Competition Act 1998 (Section 11 Exemption) Regulations 2001 (2001/2993)

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footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID	Scope of Application
the Act	reg. 2.	the_Act_rtPWMpx
the Community prohibition	reg. 2.	the_Commun_rtlRLrC
the Director’s rules	reg. 2.	the_Direct_rtURM3b
the enforcement regulations	reg. 2.	the_enforc_rtxTGzD

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text	Note
Changes that affect				Made by
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 2	words substituted	The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014	2014 No. 549	Sch. 1 para. 6(2)	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(1) - (3)	word substituted	The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014	2014 No. 549	Sch. 1 para. 6(3)(a)	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(4)	word substituted	The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014	2014 No. 549	Sch. 1 para. 6(3)(b)(i)	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(4)	word substituted	The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014	2014 No. 549	Sch. 1 para. 6(3)(b)(ii)	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(4)	words substituted	The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014	2014 No. 549	Sch. 1 para. 6(3)(b)(iii)	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 2	words substituted	The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012	2012 No. 1809	Sch. Pt. 2	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(1)	words substituted	The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012	2012 No. 1809	Sch. Pt. 2	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 2	words revoked	The EC Competition Law (Articles 84 and 85) Enforcement (Revocation) Regulations 2007	2007 No. 1846	Sch.	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(1)(a)	revoked	The EC Competition Law (Articles 84 and 85) Enforcement (Revocation) Regulations 2007	2007 No. 1846	Sch.	Not yet
The Competition Act 1998 (Section 11 Exemption) Regulations 2001	2001 No. 2993	reg. 3(2)(b)(i)	revoked	The EC Competition Law (Articles 84 and 85) Enforcement (Revocation) Regulations 2007	2007 No. 1846	Sch.	Not yet

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