Legal exception Definition

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GLOSSARY

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What does Legal exception mean?

Agreements, decisions of associations of undertakings and concerted practices which appear to infringe the prohibition in article 101(1) TFEU and/or section 2 of the Competition Act 1998 may nonetheless benefit from a legal exception under Article 101(3) TFEU and section 9 of the Competition Act 1998 respectively.

In order to benefit from the legal exception the agreement, decision or concerted practice must: i) contribute to improving production or distribution or promote technical or economic progress; and ii) allow consumers a fair share of the resulting benefit; and iii) not impose restrictions on the undertakings that are not indispensable to achieving its objectives; and iv) not substantially eliminate competition.

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