The Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021
This Order excludes from the Chapter I prohibition in the Competition Act 1998 (c. 41) specified agreements or decisions relating to the renewal of existing football broadcasting rights agreements between the Football Association Premier League Limited (“the Premier League”) and broadcasters, and excludes from the Chapter II prohibition conduct relating to the renewal of those agreements. The Chapter I prohibition precludes agreements between undertakings, decisions by associations of undertakings or concerted practices which may affect trade within the United Kingdom and which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom. The Chapter II prohibition precludes conduct on the part of one or more undertakings which amounts to abuse of a dominant position in a market if it may affect trade within the United Kingdom. The Secretary of State, where satisfied that there are exceptional and compelling reasons of public policy for doing so, may exclude an agreement, decision or concerted practice, or an agreement, decision or concerted practice of a particular description, from the Chapter I prohibition, and specified conduct from the Chapter II prohibition.
Lifecycle
Department
Made
14 Oct 2021
—
In force
07 Nov 2021
Enabling power
The Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter I prohibition (as defined in section 2(8) of the Competition Act 1998) ought not to apply to, or ought to be deemed never to have applied in relation to, agreements or decisions of the description specified in this Order, and why the Chapter II prohibition (as defined in section 18(4) of that Act) ought not to apply to, or ought to be deemed never to have applied in relation to, conduct in the circumstances specified in this Order.
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