Fair Trading. 6.5.1 So far as the Warrantors are aware no agreement, practice or arrangement carried on by the Company or to which the Company is or since incorporation has been a party:
(a) is or ought to be or ought to have been registered in accordance with the provisions of the Restrictive Trade Practices Acts 1976 and 1977 or contravenes the provisions of the Resale Prices Xxx 0000 or is or has been the subject of any enquiry, complaint, investigation or proceeding under any of those Acts; or
(b) is or has been the subject of an enquiry, complaint, investigation, reference or report under the Fair Trading Act 1973 (or any previous legislation relating to monopolies or mergers) or the Competition Xxx 0000 or constitutes an anti-competitive practice within the meaning of the 1980 Act; or
(c) infringes Article 81 of the Treaty of Rome establishing the European Economic Community or constitutes an abuse of dominant position contrary to Article 82 of the said Treaty or infringes any regulation or other enactment made under Article 83 and/or Article 235 of the said Treaty or is or has been the subject of any enquiry, complaint, investigation or proceeding in respect thereof; or
(d) has been notified to the Directorate General of Competition of the Commission of the European Communities and/or to the EFTA Surveillance Authority; or
(e) is by virtue of its terms or by virtue of any practice for the time being carried on in connection therewith a "Consumer Trade Practice" within the meaning of section 13 Fair Trading Act 1973 and susceptible to or under reference to the Consumer Protection Advisory Committee or the subject matter of a report to the Secretary of State or the subject matter of an Order by the Secretary of State under the provisions of Part II of that Act; or
(f) infringes any other competition, restrictive trade practice, anti-trust, fair trading or consumer protection law or legislation applicable in any jurisdiction in which the Company has assets or carries on business.
6.5.2 The Company has not given and so far as the Warrantors are aware, there has been no default or contravention of any assurance or undertaking (written or oral) to the Restrictive Practices Court or the Director General of Fair Trading, the Secretary of State for Trade and Industry, the European Commission, the EFTA Surveillance Authority or the Court of Justice of the European Communities, or to any other court, person or body and is not subject to or in default or contravention of any...
Fair Trading. (1) No agreement practice or arrangement carried on by the Company or to which the Company is or has been party:-
(a) was or is required or requires to be registered in accordance with the provisions of or has contravened or contravenes the provisions of the Enterprise Xxx 0000 or the Competition Xxx 0000 or is or has been the subject of any enquiry investigation reference report or proceeding under or in respect of any such Act or any previous legislation which it replaces; or
(b) contravened or is or has been the subject of any enquiry investigation reference or report under the Fair Trading Act 1973 (or any other legislation relating to monopolies or mergers); or
(c) infringes Article 85 of the Treaty establishing the European Community or constitutes an abuse of dominant position contrary to Article 86 of the said Treaty or infringes any regulation or other enactment made under Article 87 of the said Treaty or is or has been the subject of any enquiry investigation or proceeding in respect thereof; or
(d) has been notified to the Competition Directorate General of the Commission of the European Union; or
(e) infringes any other competition anti-restriction trade practice anti-trust or consumer protection law or legislation applicable in the United Kingdom or elsewhere and not specifically mentioned in this Paragraph 2.3.4.
(2) The Company has not given any undertaking to the Secretary of State for Trade and Industry the Competition Commission or Monopolies and Mergers Commission or Competition Appeal Tribunal or to any other court person or body (whether in the United Kingdom European Union or elsewhere) and is not subject to any decision made by any of them relating to any matter nor is any such decision pending.
(3) The Company is not in default or in contravention of any article act decision regulation order or other instrument or of any undertaking relating to any matter referred to in this Paragraph 2.3.4.
Fair Trading. No agreement, practice or arrangement carried on by Company or to which Company is or has prior to the date of this Agreement been a party infringes, or is or ought to have been registered in accordance with, any competition, restrictive trade practice, anti-trust, fair trading or consumer protection law or legislation applicable in any jurisdiction in which Company has assets or carries on or intends to carry on business or in which the activities of Company may have an effect.
Fair Trading. Nothing in this Agreement is intended to have the effect of seeking to contract out of any applicable provisions of The Commonwealth Trade Practices Act 1974 and Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
Fair Trading. No agreement, practice or arrangement carried on by either Seller or to which either Seller is or has prior to the date of this Agreement been a party infringes, or is or ought to have been registered in accordance with, any competition, restrictive trade practice, anti-trust, fair trading or consumer protection law or legislation applicable in any jurisdiction in which either Seller has assets or carries on or intends to carry on business or in which the activities of either Seller may have an effect.
Fair Trading. 9.7.1 No agreement, practice or arrangement carried on by the Company or to which the Company is a party:-
9.7.1.1 is or requires to be registered in accordance with the provisions of the Restrictive Trade Practices Acts 1976 and 1977 or contravenes the provisions of the Resale Prices Act 0000 xx is or has been the subject or any formal enquiry, investigation or proceeding in respect thereof;
9.7.1.2 so far as the Warrantors are aware, is proscribed by the Fair Trading Act 1973 or the Competition Act 0000;
9.7.1.3 is or has been the subject of any formal enquiry investigation, reference or report under the Fair Trading Act 1973 or the Completion Act 0000;
9.7.1.4 so far as the Warrantors are aware, infringes Article 85 of the Treaty of Rome or constitutes an abuse of a dominant position contrary to Article 86 of that Treaty;
Fair Trading. 11.1 The Company is not party to any agreement, arrangement or concerted practice which is or must be registered under any legislation in any jurisdiction in which it carries on business or which contravenes any cartel or fair trading legislation.
11.2 The Company does not conduct any business or is party to any agreement, arrangement or transaction which contravenes any legal limitation on prices, is required in whole or in part to be registered, filed or recorded in any jurisdiction in order to be valid and has not been so registered, filed or recorded.
Fair Trading. 36.1 No agreement, transaction, practice or arrangement carried on by any Group Member (or by any person for whose acts or defaults any Group Member may be contractually or vicariously liable), whether unilaterally or with others, or to which any Group Member (or any such person) is a party, and no state of affairs applicable to any Group Member (or any such person):
36.1.1 is or ought to have been registered in accordance with the provisions of the Restrictive Trade Practices Acts 1976 and 1977 or is or has been the subject of any enquiry, investigation or proceeding under the Restrictive Trade Practices Acts 1976 and 1977 or the Resale Prices Axx 0000;
36.1.2 is or has been the subject of an enquiry, investigation, reference or report under the Enterprise Axx 0000, the Competition Act 1998 or any other legislation relating to monopolies or mergers or markets including the Fair Trading Axx 0000;
36.1.3 infringes or falls within the scope of the offence created by Section 188 of the Enterprise Axx 0000;
36.1.4 infringes or falls within the scope of Chapter I of the Competition Axx 0000, or constitutes an abuse of dominant position contrary to Chapter II of such Act or is or has been the subject of any enquiry, request for information, investigation or proceedings in respect of either of these Chapters;
36.1.5 infringes or falls within the scope of Article 81 of the EC Treaty, or constitutes an abuse of dominant position contrary to Article 82 of the EC Treaty, or infringes or falls within the scope of any regulation or other enactment made under Article 83 of the EC Treaty, or is or has been the subject of any enquiry, request for information, investigation or proceeding in respect of any of those Articles;
36.1.6 infringes or falls within the scope of any other competition, anti-restrictive trade practice, anti-trust or consumer protection law applicable in the United Kingdom or elsewhere and not specifically mentioned in this paragraph or is or has been subject to any investigation, request for information, notice or other communication by any court, governmental or regulatory authority in respect of any such legislation; or
36.1.7 contravenes the provisions of the Trade Descriptions Acts 1968 and 1972. and there are no circumstances known to the Management Sellers likely to give rise to any such enquiry, investigation, proceeding, reference or report being made.
36.2 No Group Member has made or threatened to make any complaint against any other person t...
Fair Trading. A. No agreement, practice or arrangement carried on by the Company or to which the Company is a party:
(i) is, should be, or should have been registered in accordance with the provisions of the RTPA or is or has been the subject of any inquiry, investigation or proceeding under any of those Acts;
(ii) to the Company's knowledge, has been the subject of any inquiry, investigation, reference or report under the Fair Trading Act 1973 (or any previous legislation relating to monopolies or mergers) or the Competition Act 1980;
(iii) has been subject to any inquiry, xxxxxxigation or proceeding in respect of Articles 85 and 86 of the Treaty of Rome; or
(iv) has been notified to the Directorate General of Competition of the Commission of the European Community.
B. The Company has not given any assurance or undertaking to the Restrictive Practices Court, the Director General of Fair Trading, the Director General of Telecommunications, the Secretary of State for Trade and Industry, the Commission or Court of Justice of the European Communities nor has the Company given any material assurance or undertaking to any governmental agency outside the normal course of business and is not subject to any decision, regulation, order or other instrument made by any of them relating to any assurance or undertaking referred to in this Section 3.29(B).
Fair Trading. 23 SECTION 3.30 Disclosure....................................................24 SECTION 3.31 Continuing Representations and Warranties.....................24 SECTION 3.32 Representations and Warranties in the Acquisition Agreements..24
