Competition (Transitional Provisions For Section 11 Prohibition) Regulations, 2020

No penalty shall be imposed by the Commission on a party to an agreement made on or before 31st May 2019, for an infringement by the agreement of the section II prohibition -

(a}

during the transitional period;

{b)

subject to regulations 6(3) and 7(1) and (2). during any extension of the transitional period granted to the party;

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I c)

subject to regulation 7, where the party has made an application and the

Commission notifies its decision on the application on or after 1st July 2020, during the interim period; and 1<0

subject to regulation 7(4), where the party has made an application and the application is refused, during any period specified by the Commission under regulation 5(4) or by the Tribunal under section 61(8) on an appeal under regulation 9, for the party to bring the infringement to an end.

Sub-regulation (I) does not apply to any infringement by any agreement of the section II prohibition which continues or occurs after the expity of the applicable period referred to in sub-regulation (1).

Application for extension of transitional period 4.

The application-

The application shall also-

(a!

specify one representative who is authorised by all the parties to act on their behalf in respect of any matter relating to the application;

The documents specified for the purpose of sub-regulation (2)(dJ are-

Where the Commission is satisfied that the parties are unable to submit the application in the form specified by the Commission under sub-regulation (2)(c), the

Commission may allow the parties to submit the application in such other form as it may specifY.

Where the Commission is satisfied that the parties are unable to submit any of the documents specified in sub-regulation (4), the Commission may waive the requirement for the document or require the parties to submit such other document in substitution as it may specify.

The Commission may, at any time after the application is made, require the parties to furnish any other information (including any document) as the Commission thinks fit.

Where any of the parties know of any material change in any information contained in the application or any information furnished to the Commission under sub-regulation (7), he shall without delay communicate that change to the Commission.

ln this regulation, a reference to patties or parties to an agreement is a reference to persons who are parties to the agreement at the time the application is made.

Grant or refusal of application 5.

Any condition imposed by the Commission under sub-regulation (I)( a) shall.

unless otherwise specified by the Commission, be deemed to be imposed jointly and severally on all the applicants.

Without prejudice to the generality of the Commission's power under sub-regulation (I), the Commission may refuse the application if ·-

(a}

the application is not made in accordance with regulation 4;

If the Commission refuses an application under sub-regulation ( 1), the

Commission may specifY a period of time for the applicants to bring to an end any infringement by the agreement of the section II prohibition.

Early termination of extension of transitional period 6.

Before tenninating an extension of the transitional period under sub-regulation (I), the Commission shall-

Any termination of the extension of the transitional period shall take effect on a date specified by the Commission and, subject to regulation 7(1 ), as of that date, the parties shall no longer enjoy the immunity given by regulation 3( I).

Any document required or permitted to be given, sent or served under this regulation shall be given or sent to or served on each of the parties and regulation 8(1)

shall not apply.

Effect of incomplete, false or misleading information on immunity from penalty 7.

Where the Commission terminates an extension of the transitional period granted to the parties to an agreement under these Regulations on the ground specified in regulation 6(l)(a). the Commission may remove the immunity given to the parties by regulation 3(1) during any or both of the following-

Where, subsequent to the expiry of any extension of the transitional period granted to the parties to an agreement under these Regulations. the Commission has reasonable grounds for suspecting that any information provided to the Commission under regulation 4 \\'as incomplete, false or misleading in a material particular, the

Commission may remove the immunity given to the parties by regulation 3( I) during any or both of the following-

Where the Commission refuses any application by the parties to an agreement on the ground specified in regulation 5(3)(b). the Commission may remove the immunity given to the parties by regulation 3(1) during the interim period.

Where, subsequent to any refusal of an application by the parties to an agreement, the Commission has reasonable grounds for suspecting that any information provided to the Commission under regulation 4 was incomplete, false or misleading in a material particular, the Commission may remove the immunity given to the parties by regulation 3( I) during any or both of the following-

Any document required or permitted to be given or sent to. or served on, any person under these Regulations may be-

(a!

delivered personally at his last known address: