Section 9

An agreement is exempt from the Chapter I prohibition if it— contributes to— while allowing consumers a fair share of the resulting benefit; and improving production or distribution, or promoting technical or economic progress, does not— impose 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 products in question. In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.

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Source: legislation.gov.uk · retrieved 2026-09-04