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PART IV |
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LATER AGREEMENTS |
| | 11. - (1) This Part of this Schedule applies in relation to agreements made, decisions taken and practices adopted during the period beginning with the enactment date and ending with the commencement date.
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(2) An application may be made to the Director in anticipation of the coming into force of section 13 in accordance with directions given by the Director.
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(3) The Director may, in response to such an application, give guidance, in anticipation of the coming into force of section 2.
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(4) Any guidance given by virtue of sub-paragraph (3) is to have effect (except for the purposes of conferring immunity from penalties) on and after the commencement date, as if it had been made under section 13.
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(5) If guidance given by the Director by virtue of this paragraph is to the effect that the agreement, decision or practice-
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(a) is not likely to infringe the Chapter I prohibition regardless of whether or not it will be exempt, |
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(b) is likely to be exempt from the Chapter I prohibition under- |
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(ii) a parallel exemption, or
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(iii) a section 11 exemption, or
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(c) is one to which he would be likely to grant an individual exemption if asked to do so, |
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he may direct that the RTPA and the RPA do not apply to the agreement or, as the case may be, that anything done in pursuance of the decision or practice is to be disregarded for the purposes of the RPA.
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(6) Guidance given by the Director by virtue of this paragraph may be limited by reference to any agreement, decision or practice so far as it relates to goods of the class in question in the application under the RPA.
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(7) If such guidance is to the effect that an agreement, decision or practice, so far as it relates to goods of the class in question-
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(a) is not likely to infringe the Chapter I prohibition regardless of whether or not it will be exempt, |
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(b) is likely to be exempt from the Chapter I prohibition under- |
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(ii) a parallel exemption, or
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(iii) a section 11 exemption, or
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(c) is one to which (if it related only to goods of that class) he would be likely to grant an individual exemption if asked to do so, |
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the Director may direct that goods of the class in question are to be exempt goods for the purposes of Part II of the RPA.
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(8) The RPA (except sections 14 and 17) applies in relation to a direction under sub-paragraph (7) as it applies in relation to an order of the Court under section 14 of that Act.
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