Block Exemption Orders
Under Section 36 of the Act, the Minister for Trade and Industry may make an order giving effect to a recommendation by the CCS to exempt a particular category of agreements from the section 34 prohibition (on anti-competitive agreements, decisions and practices).
Section 41 sets out the criteria for such block exemptions: an agreement must contribute to improving production or distribution, or promoting technical or economic progress, without imposing on the undertakings concerned, restrictions which are not indispensable to the attainment of those objectives or afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services in question.
Competition (Block Exemption for Liner Shipping Agreements) Order 2006
On 14 July 2006, the Minister issued the Competition (Block Exemption for Liner Shipping Agreements) Order 2006 (“Block Exemption Order”), exempting a category of liner shipping agreements (“Agreements”) from the section 34 prohibition. (Click here for the media release issued by MTI)
Please refer to the Competition (Block Exemption for Liner Shipping Agreements) Order 2006, and the accompanying explanatory note for more information.
Parties who are not sure if their Agreements fall within the Block Exemption Order, may wish to seek legal advice or apply to the CCS for a Notification for Guidance or Decision. Parties to Agreements that do not fall within the Block Exemption Order and who are uncertain as to the status of their Agreements may also do the same.
Click the below links for further information:
1) Procedures for Filing relating to Paragraph 5(2)(b) of the Block Exemption Order
2) Procedures for Providing Documents and Details and Notification to the CCS relating to Paragraphs 5(2)(c) and (5)(e)(i) of the Block Exemption Order
3) Procedures on Making Information Available and Notification to Transport Users relating to Paragraphs 5(2)(d) and 5(2)(e)(ii) of the Block Exemption Order
4) List of Agreements Filed with the CCS