Legislation – The Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020

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Introduction

1 Citation and commencement

2 Interpretation

3 Qualifying activities

4 Exclusion from the Chapter I prohibition

5 End of crossing disruption period

6 Notification to the Secretary of State

7 Register of agreements

Signature

Explanatory note

Exclusion from the Chapter I prohibition4.

(1)

The prohibition contained in Chapter I of the Competition Act 1998 does not apply to an agreement2 which—

(a)

is between two or more Solent crossing maritime operators;

(b)

relates to a qualifying activity;

(c)

is notified to the Secretary of State in accordance with article 6;

(d)

meets the conditions set out in paragraph (2).

(2)

The conditions referred to in paragraph (1)(d) are—

(a)

the purpose of the agreement is to prevent or mitigate disruption to the provision of Solent crossings caused by a reason relating to coronavirus; and

(b)

the agreement does not have as its object or effect the prevention, restriction or distortion of competition within the United Kingdom, except in relation to qualifying activities in a market for the provision of Solent crossing services affected by a disruption caused by a reason relating to coronavirus.

(3)

The prohibition contained in Chapter I of the Competition Act 1998 is to be deemed never to have applied in relation to an agreement of the kind referred to in paragraph (1) which was made in the period beginning on 16th March 2020 and ending on the day before the day on which this Order comes into force.

2

Under section 59 of the Competition Act 1998 (interpretation) references in Part 1 of that Act to “agreement” are to be read with section 2(5) and (6) of the Act which provide that, unless the context otherwise requires, a provision of Part 1 of the Act which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).