39 [Limited immunity in relation to the Chapter I prohibition]

39  [Limited immunity in relation to the Chapter I prohibition]

(1)     In this section “small agreement” means an agreement—

(a)     which falls within a category prescribed for the purposes of this section; but

(b)     is not a price fixing agreement.

(2)     The criteria by reference to which a category of agreement is prescribed may, in particular, include—

(a)     the combined turnover of the parties to the agreement (determined in accordance with prescribed provisions);

(b)     the share of the market

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