Legal exception Definition

GLOSSARY

Published by a ��˾��ҹ�� Competition expert

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.

View the related practice notes about Legal exception

Statutory paid holiday—carry-over

Statutory paid holiday—carry-over Workers in Great Britain (GB) have a statutory entitlement to 5.6 weeks of paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It is important to recognise at the outset that this comprises two elements: • a basic entitlement to four weeks’ paid annual leave (sometimes referred to as ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and • an additional entitlement to 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Separate provisions apply for irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For more information, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic entitlement represents the UK’s implementation of the four week minimum amount of paid annual leave required under EU law, namely under Article...

EU competition law and exclusive distribution agreements under VBER 2010 [Archived]

EU competition law and exclusive distribution agreements under VBER 2010 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. On 10 May 2022, the Commission adopted a new Vertical Block Exemption Regulation 2022/720 (VBER 2022). The VBER 2022 replaced the previous Vertical Restraints Block Regulation 330/2010 (VBER 2010, also referred to as the VRBE in this Practice Note) on 1 June 2022. This Practice Note was drafted for the VBER 2010. NOTE—The VBER 2010 expired on 31 May 2022 and was replaced by the VBER 2022 with effect from 1 June 2022. Under Article 10 VBER 2022, there was a 12 month transition period (ending on 31 May 2023) to accommodate pre-existing vertical agreements already in force on 31 May 2022 which satisfied the conditions for exemption provided in the VBER 2010 on 31 May 2022 but which did not satisfy the conditions for exemption provided in the VBER 2022. This Practice Note is therefore for background information only. For an assessment of exclusive distribution agreements under...

Discover our 2 Practice Notes on Legal exception

Inaccurate completion statement no excuse for failure to complete

Property analysis: In which circumstances can a seller rescind a contract for sale due to the buyer’s repudiatory breach of contract?

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