Page:Competition Ordinance (Cap. 619).pdf/30

Rh

(8) If a decision is rescinded under this section, each undertaking specified in the notice of rescission loses its immunity from action under this Ordinance, as from the date the rescission takes effect, with regard to anything done after that date.

(9) A rescission of a decision under this section may be made with regard to all of the undertakings for which the decision provides immunity or with regard to only one or more of them. Division 3—Exclusions and Exemptions Subdivision 1—Exclusions from Conduct Rules 30. Exclusions

The conduct rules do not apply in any of the cases in which they are excluded by or as a result of Schedule 1. Subdivision 2—Exemptions from Conduct Rules 31. Exemptions on public policy grounds

(1) The Chief Executive in Council may, by order published in the Gazette, exempt—
 * (a) a specified agreement or a specified class of agreement from the application of the first conduct rule; or
 * (b) specified conduct or a specified class of conduct from the application of the second conduct rule,

if he or she is satisfied that there are exceptional and compelling reasons of public policy for doing so.

(2) An order under subsection (1) may be made subject to any conditions or limitations that the Chief Executive in Council considers appropriate.

(3) An order made under this section remains in force for the period that is specified in the order.

(4) Before the expiry of an order, the Chief Executive in Council may, by order published in the Gazette, extend the period of its validity.

(5) An order made under subsection (1) may provide that the conduct rule in question has never applied to any agreement or conduct specified in the order.