Section 13
Individual exemption
(1)
An undertaking may apply to the Minister, through the
Commission, for an exemption with respect to a particular agreement from the section 11 prohibition.
(2)
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.
Competition 20
(3)
An exemption granted under this section is referred to as an individual exemption.
(4)
The individual exemption granted by the Minister may be —
(a)
subject to any fees, condition or obligation as the
Commission considers it appropriate to impose; and
(b)
for a limited duration as specified in the order.
(5)
An individual exemption may provide for it to have effect from a date earlier than that on which the order is made.
(6)
This section applies to any agreement which contributes to —
(a)
improving production or distribution; or
(b)
promoting technical or economic progress, but which does not —
(i)
impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or
(ii)
afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.