Page:Competition Act 2004.pdf/24

24 :(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

(3) Any provision of any agreement or any decision which is prohibited by subsection (1) shall be void on or after the appointed day to the extent that it infringes that subsection.

(4) Unless the context otherwise requires, a provision of this Act which is expressed to apply to, or in relation to, an agreement shall be read as applying, with the necessary modifications, equally to, or in relation to, a decision by an association of undertakings or a concerted practice.

(5) Subsection (1) shall apply to agreements, decisions and concerted practices implemented before, on or after the appointed day.

Excluded agreements

35. The section 34 prohibition shall not apply to such matter as may be specified in the Third Schedule.

Block exemptions

36.—(1) If agreements which fall within a particular category of agreements are, in the opinion of the Commission, likely to be agreements referred to in section 41, the Commission may recommend that the Minister make an order specifying that category for the purposes of this section.

(2) The Minister may make an order giving effect to such a recommendation—
 * (a) in the form in which the recommendation is made; or
 * (b) subject to such modifications as he considers appropriate.

(3) An order made under this section is referred to in this Part as a block exemption order.

(4) An agreement which falls within a category specified in a block exemption order shall be exempt from the section 34 prohibition.

(5) An exemption under this section is referred to in this Part as a block exemption.