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Extra info for A Guide to United Kingdom and European Union Competition Policy
Article 81(2)) Breaches of the prohibition may attract fines of up to ten per cent of turnover, and periodic penalties may be imposed for continuing breaches. (Articles 16 & 17 of Regulation 17) 1 Article 81 of the Treaty of Amsterdam replaced Article 85 of the Treaty of Rome in 1997. 22 A Guide to UK and EU Competition Policy Individual exemptions Exemptions to the above provisions may be granted by the Commission where the practice: contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and does not: (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.
26/62, or to farmers' cooperatives; or ± where there are overriding national policy considerations, ± an agreement which involves the rules regulating a professional service; (d) rules of professional bodies as designated in Schedule 4 of the Act; (e) vertical agreements, except where otherwise stipulated by the Director-General. The Secretary of State has the power to add, amend or remove exclusions in certain circumstances. (s3 of the Competition Act 1998) Exemptions Individual exemptions may be granted under the same conditions as under Article 81(3) above.
Before he gives such a direction, the Director-General gives notice of what he proposes to those concerned, and invites their comments. His direction can remain in force until the investigation is completed. Powers of investigation The Director-General has powers of investigation26 that are similar to those of the European Commission. Where he has reasonable grounds for suspecting an infringement of the prohibitions, he, or an officer authorised by him and acting on his behalf, can: . require the production of any specified document, at a time or place and in the manner or form specified; take copies of any such documents, and require an explanation of the documents; .