17. Effect of block exemption order
(1) Subject to subsection (2), an agreement that falls within a category of agreement specified in a block exemption order is exempt from the application of the first conduct rule.
(2) The immunity provided by subsection (1) to undertakings making or giving effect to an agreement applies to an undertaking only if it complies with every condition and limitation subject to which the block exemption order has effect.
18. Non-compliance with condition or limitation
(1) If an undertaking fails or ceases to comply with a condition or limitation subject to which a block exemption order has effect, the block exemption order ceases to apply with respect to that undertaking with effect from the date on which the non-compliance begins.
(2) If an undertaking starts to comply or resumes compliance with the condition or limitation, the block exemption order applies to that undertaking with effect from the date on which the compliance begins or resumes.
(3) Action may be taken under this Ordinance against any undertaking relating to a contravention of the first conduct rule by that undertaking, that occurs during any period in which the block exemption order does not apply to it.
19. Review of block exemption order
(1) The Commission must commence a review of a block exemption order on the date specified in the order for the commencement of the review.
(2) Despite subsection (1), the Commission may review a block exemption order at any time if it considers it appropriate to do so.
(3) Without limiting the matters that may be considered in deciding, under subsection (2), whether or not to review a block exemption order, the Commission must consider the following—
- (a) the desirability of maintaining a stable and predictable regulatory environment in relation to competition;
- (b) any developments that have taken place in the economy of Hong Kong or in the economy of any place outside Hong Kong that affect the category of agreement that is the subject of the block exemption order; and
- (c) whether any significant new information relating to the particular category of agreement has come to the knowledge of the Commission since the block exemption order was first issued.
