Common use of COMPETITION AND TRADE REGULATION LAW Clause in Contracts

COMPETITION AND TRADE REGULATION LAW. (a) Neither the Company nor any of the Subsidiaries is or has been a party to or is or has been concerned in any agreement or arrangement or is conducting or has conducted itself (whether by omission or otherwise) in a manner which: (i) has been registered under the RTPA; (ii) infringes Section 2 or Section 18 of the Competition Xxx 0000; (iii) infringes Article 81 or 82 of the Treaty establishing the European Economic Community or any other anti-trust or similar legislation in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries or intends to carry on business or where its activities may have an effect; or (iv) is registrable, unenforceable or void (whether in whole or in part) or renders any of them liable to civil, criminal or administrative proceedings by virtue of any Antitrust Laws in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries on or intends to carry on business or where its activities may have an effect. (b) Neither the Company nor any of the Subsidiaries has given an undertaking to, or is subject to any Order of, or has received any request for information from, or, to the Knowledge of Sellers, is subject to an investigation by, any Governmental Authority (including, without limitation, any national competition authority and the Commission of the European Community) under any Antitrust Laws in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries on or intends to carry on business or where its activities may have an effect. (c) Neither the Company or any of the Subsidiaries is or has been a party to or is or has been concerned in any agreement or arrangement in respect of which: (i) an application for guidance has been made to and/or a decision has been made by the Office of Fair Trading; or (ii) an application for negative clearance and/or exemption has been made to the Commission of the European Community. (d) No officer, director or authorized employee, agent or representative of the Company or the Subsidiaries has agreed to make or implement or cause to be made or implemented any arrangement of the kind set out in Section 188(2) of the Enterprise Xxx 0000. (e) None of the business or activities of the Company or any of the Subsidiaries as currently conducted could give rise to the imposition of any anti-dumping duty or other sanction under any trade regulation legislation in respect of any products manufactured by the Company or any of the Subsidiaries or in which the Company or any of the Subsidiaries trades. (f) No anti-dumping duty regime or other sanction under any trade regulation legislation is or has been in force in any area in or to which the Company or any of the Subsidiaries manufactures, trades or sells in respect of products manufactured by the Company or any of the Subsidiaries or in which the Company or any of the Subsidiaries trades. (g) No undertaking has been given by the Company or any of the Subsidiaries to any governmental authority (including, without limitation, the authorities of the European Community) under any anti-dumping or other trade regulation legislation. (h) Neither the Company or any of the Subsidiaries is or has been in receipt of any aid which could be construed as falling within Article 87(1) of the Treaty establishing the European Economic Community other than: (i) aid in operation at the date of UK Accession to the Community which is treated as existing aid pursuant to Article 88(1); or (ii) aid or any alteration to existing aid falling within Article 87(3) which has been duly notified to the Commission of the European Community pursuant to Article 88(3). (i) Neither the Company or any of the Subsidiaries is or has been in receipt of any aid which could be construed as falling within Article 4(c) of the ECSC Treaty other than aid duly notified to, and, where required by any regulation, approved by, the Commission of the European Community. (j) Neither the Company or any of the Subsidiaries is aware of any investigation complaint, action or negative decision in relation to the receipt or alleged receipt by any of them of any aid or alleged aid or of any such threatened investigation, complaint, action or negative decision.

COMPETITION AND TRADE REGULATION LAW. (aA) Neither So far as the Vendor is aware, no Company nor any member of the Subsidiaries Vendor's Group (in relation to the Transferring Business) is or has been a party to any agreement, arrangement, concerted practice or is or has been concerned in any agreement or arrangement or is conducting or has conducted itself (whether by omission or otherwise) in a manner which: (i) has been registered under the RTPA; (ii) infringes Section 2 or Section 18 course of the Competition Xxx 0000; (iii) conduct which infringes Article 81 or 82 (formerly Articles 85 and 86 respectively) of the Treaty establishing Establishing the European Economic Community or any other anti-trust competition or similar legislation in any jurisdiction in which the Company or any of the Subsidiaries has assets or it carries or intends to carry on business or has any assets or sales where its activities may have an effect; orsuch infringement is likely to cause a material loss or liability in respect of the Transferring Business; (ivB) is registrable, unenforceable or void (whether in whole or in part) or renders any of them liable to civil, criminal or administrative proceedings by virtue of any Antitrust Laws in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries on or intends to carry on business or where its activities may have an effect. (b) Neither the No Company nor any member of the Subsidiaries has given an undertaking to, or is subject to any Order of, or has received any request for information from, or, Vendor's Group (in relation to the Knowledge of Sellers, is subject to an investigation by, any Governmental Authority (including, without limitation, any national competition authority and the Commission of the European CommunityTransferring Business) under any Antitrust Laws in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries on or intends to carry on business or where its activities may have an effect. (c) Neither the Company or any of the Subsidiaries is or has been a party to any agreement or arrangement or been involved in any business practice in respect of which an undertaking has been given by or an order made against or in relation to it pursuant to any competition or similar legislation in any jurisdiction in which it carries on business or has any assets or sales (including (without limitation) Article 81 or 82 (formerly Articles 85 and 86 respectively) of the Treaty Establishing the European Community) where such undertaking or order is likely to cause a material loss in respect of the Transferring Business. (C) No Company nor any member of the Vendor's Group (in relation to the Transferring Business) is or has been concerned in a party to any agreement or arrangement or been involved in any business practice in respect of which: (i) an application any request for guidance information, statement of objections or similar matter has been made to and/or a decision has been made by the Office of Fair Tradingreceived from any court, tribunal, governmental, national or supra-national authority; or (ii) an application for negative clearance and/or or exemption has been made to the European Commission of the European Communityor any national competition authority. (dD) No officer, director or authorized employee, agent or representative Company nor any member of the Company or the Subsidiaries has agreed to make or implement or cause to be made or implemented any arrangement of the kind set out Vendor's Group (in Section 188(2) of the Enterprise Xxx 0000. (e) None of the business or activities of the Company or any of the Subsidiaries as currently conducted could give rise relation to the imposition of any anti-dumping duty or other sanction under any trade regulation legislation in respect of any products manufactured by the Company or any of the Subsidiaries or in which the Company or any of the Subsidiaries trades. (fTransferring Business) No anti-dumping duty regime or other sanction under any trade regulation legislation is or has been in force within the five years preceding the date of this Agreement party to any agreement, arrangement or concerted practice, or involved in any area in business practice or to which the Company or any of the Subsidiaries manufacturesconduct, trades or sells in respect of products manufactured by the Company which early guidance, guidance, a decision, notice or direction has been sought, given or made pursuant to any of the Subsidiaries competition or similar legislation in any jurisdiction in which the Company or any of the Subsidiaries tradesTransferring Business is carried on. (g) No undertaking has been given by the Company or any of the Subsidiaries to any governmental authority (including, without limitation, the authorities of the European Community) under any anti-dumping or other trade regulation legislation. (h) Neither the Company or any of the Subsidiaries is or has been in receipt of any aid which could be construed as falling within Article 87(1) of the Treaty establishing the European Economic Community other than: (i) aid in operation at the date of UK Accession to the Community which is treated as existing aid pursuant to Article 88(1); or (ii) aid or any alteration to existing aid falling within Article 87(3) which has been duly notified to the Commission of the European Community pursuant to Article 88(3). (i) Neither the Company or any of the Subsidiaries is or has been in receipt of any aid which could be construed as falling within Article 4(c) of the ECSC Treaty other than aid duly notified to, and, where required by any regulation, approved by, the Commission of the European Community. (j) Neither the Company or any of the Subsidiaries is aware of any investigation complaint, action or negative decision in relation to the receipt or alleged receipt by any of them of any aid or alleged aid or of any such threatened investigation, complaint, action or negative decision.

COMPETITION AND TRADE REGULATION LAW. (aA) Neither So far as the Vendor is aware, no Company nor any member of the Subsidiaries Vendor’s Group (in relation to the Transferring Business) is or has been a party to any agreement, arrangement, concerted practice or is or has been concerned in any agreement or arrangement or is conducting or has conducted itself (whether by omission or otherwise) in a manner which: (i) has been registered under the RTPA; (ii) infringes Section 2 or Section 18 course of the Competition Xxx 0000; (iii) conduct which infringes Article 81 or 82 (formerly Articles 85 and 86 respectively) of the Treaty establishing Establishing the European Economic Community or any other anti-trust competition or similar legislation in any jurisdiction in which the Company or any of the Subsidiaries has assets or it carries or intends to carry on business or has any assets or sales where its activities may have an effect; orsuch infringement is likely to cause a material loss or liability in respect of the Transferring Business; (ivB) is registrable, unenforceable or void (whether in whole or in part) or renders any of them liable to civil, criminal or administrative proceedings by virtue of any Antitrust Laws in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries on or intends to carry on business or where its activities may have an effect. (b) Neither the No Company nor any member of the Subsidiaries has given an undertaking to, or is subject to any Order of, or has received any request for information from, or, Vendor’s Group (in relation to the Knowledge of Sellers, is subject to an investigation by, any Governmental Authority (including, without limitation, any national competition authority and the Commission of the European CommunityTransferring Business) under any Antitrust Laws in any jurisdiction in which the Company or any of the Subsidiaries has assets or carries on or intends to carry on business or where its activities may have an effect. (c) Neither the Company or any of the Subsidiaries is or has been a party to any agreement or arrangement or been involved in any business practice in respect of which an undertaking has been given by or an order made against or in relation to it pursuant to any competition or similar legislation in any jurisdiction in which it carries on business or has any assets or sales (including (without limitation) Article 81 or 82 (formerly Articles 85 and 86 respectively) of the Treaty Establishing the European Community) where such undertaking or order is likely to cause a material loss in respect of the Transferring Business. (C) No Company nor any member of the Vendor’s Group (in relation to the Transferring Business) is or has been concerned in a party to any agreement or arrangement or been involved in any business practice in respect of which: (i) an application any request for guidance information, statement of objections or similar matter has been made to and/or a decision has been made by the Office of Fair Tradingreceived from any court, tribunal, governmental, national or supra-national authority; or (ii) an application for negative clearance and/or or exemption has been made to the European Commission of the European Communityor any national competition authority. (dD) No officer, director or authorized employee, agent or representative Company nor any member of the Company or the Subsidiaries has agreed to make or implement or cause to be made or implemented any arrangement of the kind set out Vendor’s Group (in Section 188(2) of the Enterprise Xxx 0000. (e) None of the business or activities of the Company or any of the Subsidiaries as currently conducted could give rise relation to the imposition of any anti-dumping duty or other sanction under any trade regulation legislation in respect of any products manufactured by the Company or any of the Subsidiaries or in which the Company or any of the Subsidiaries trades. (fTransferring Business) No anti-dumping duty regime or other sanction under any trade regulation legislation is or has been in force within the five years preceding the date of this Agreement party to any agreement, arrangement or concerted practice, or involved in any area in business practice or to which the Company or any of the Subsidiaries manufacturesconduct, trades or sells in respect of products manufactured by the Company which early guidance, guidance, a decision, notice or direction has been sought, given or made pursuant to any of the Subsidiaries competition or similar legislation in any jurisdiction in which the Company or any of the Subsidiaries tradesTransferring Business is carried on. (g) No undertaking has been given by the Company or any of the Subsidiaries to any governmental authority (including, without limitation, the authorities of the European Community) under any anti-dumping or other trade regulation legislation. (h) Neither the Company or any of the Subsidiaries is or has been in receipt of any aid which could be construed as falling within Article 87(1) of the Treaty establishing the European Economic Community other than: (i) aid in operation at the date of UK Accession to the Community which is treated as existing aid pursuant to Article 88(1); or (ii) aid or any alteration to existing aid falling within Article 87(3) which has been duly notified to the Commission of the European Community pursuant to Article 88(3). (i) Neither the Company or any of the Subsidiaries is or has been in receipt of any aid which could be construed as falling within Article 4(c) of the ECSC Treaty other than aid duly notified to, and, where required by any regulation, approved by, the Commission of the European Community. (j) Neither the Company or any of the Subsidiaries is aware of any investigation complaint, action or negative decision in relation to the receipt or alleged receipt by any of them of any aid or alleged aid or of any such threatened investigation, complaint, action or negative decision.