Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p54
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 129865–132548

than a proposed covenant of a kind mentioned in sub-section 45c(2) that relates to the supply or acquisition of goods) where the proposed covenant would have the purpose, or would have or might have the effect, of substantially lessening competition in a market referred to in paragraph 45b(2)(a); or
     (b) to enforce the terms of a covenant (other than a covenant of a kind mentioned in sub-section 45c(1) that relates to the supply or acquisition of goods),
     and, while such an authorization remains in force—
     (c) in the case of an authorization to require the giving of, or to give, a covenant—
       (i) the covenant is not unenforceable by reason of sub-section 45b(1); and
       (ii) sub-section 45b(2) does not apply in relation to the covenant; or

     (d) in the case of an authorization to enforce the terms of a covenant—
       (i) the covenant is not unenforceable by reason of sub-section 45b(1); and
       (ii) paragraphs 45b(2)(b) and (c) do not apply in relation to the covenant.
"(6) An authorization granted by the Commission to a person under any of the preceding provisions of this section to—
     (a) make a contract or arrangement or arrive at an understanding;
     (b) give effect to a provision of a contract, arrangement or understanding;
     (c) require the giving of, or give, a covenant; or
     (d) enforce the terms of a covenant,
has effect as if it were also an authorization in the same terms to every other person named or referred to in the application for the authorization as a party to the contract, arrangement or understanding or as a proposed party to the proposed contract, arrangement or understanding, or as a person who is or would be bound by, or entitled to the benefit of, the covenant or the proposed covenant, as the case may be.
"(7) Subject to this Part, the Commission may, upon application by a person, grant an authorization to the person, and to any other person acting in concert with the first-mentioned person, to engage in conduct that hinders or prevents, or may hinder or prevent, the supply of goods or services by a third person to a corporation or the acquisition of goods or services by a third person from a corporation and, while such an authorization remains in force, section 45d does not apply in relation to the engaging in that conduct by the applicant and by any person acting in concert with the applicant.
"(8) Subject to this Part, the Commission may, upon application by a corporation, grant an authorization to the corporation to engage in conduct that constitutes or may constitute the practice of exclusive dealing and, while such an authorization remains in force, section 47 does