Subdivision 3—Block Exemptions
15. Block exemption orders
(1) If the Commission is satisfied that a particular category of agreement is an excluded agreement, it may issue a block exemption order in respect of that category of agreement.
(2) The Commission may, either of its own volition or on application by an undertaking or an association of undertakings, issue a block exemption order.
(3) The Commission may, in a block exemption order—
- (a) impose conditions or limitations subject to which the block exemption order is to have effect; and
- (b) specify a date from which the order is to cease to have effect.
(4) The Commission must, in a block exemption order, specify a date, being a date not more than 5 years after the date of the order, upon which it will commence a review of the block exemption order.
(5) In this section—
“excluded agreement” (豁除協議) means an agreement that is excluded from the application of the first conduct rule by or as a result of section 1 (Agreements enhancing overall economic efficiency) of Schedule 1.
16. Procedures regarding block exemption orders
(1) Before issuing a block exemption order, the Commission must—
- (a) in order to bring the proposed block exemption order to the attention of those the Commission considers likely to be affected by it, publish notice of the proposed block exemption order—
- (i) through the Internet or a similar electronic network; and
- (ii) in any other manner the Commission considers appropriate; and
- (b) consider any representations about the proposed block exemption order that are made to the Commission.
(2) A notice under subsection (1) must specify the period within which representations may be made to the Commission about the proposed block exemption order.
(3) The period specified for the purpose of subsection (2) must be a period of at least 30 days beginning after the day on which the notice is first published.
