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Rh Criteria for block exemptions

41. Section 36 shall apply 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.

Requests for Commission to examine agreements

42.—(1) Sections 43 and 44 provide for an agreement to be examined by the Commission on the application of a party to the agreement who thinks that it may infringe the section 34 prohibition.

(2) The Minister may make regulations to provide—
 * (a) for the procedure to be followed—
 * (i) by any person making an application under subsection (1); and
 * (ii) by the Commission, in considering such an application; and
 * (b) as to the application of sections 43 to 46 and the procedure referred to in paragraph (a), with such modifications (if any) as may be prescribed, in cases where the Commission—
 * (i) has given a direction withdrawing an exclusion; or
 * (ii) is considering whether to give such a direction.

Notification for guidance

43.—(1) A party to an agreement who applies for the agreement to be examined under this section shall—
 * (a) notify the Commission of the agreement; and
 * (b) apply to it for guidance.