If, having sought the advice of the Competition and Markets Authority ('the CMA')1 and Ofcom2, it appears to the Secretary of State3, in relation to some or all of the provisions of a relevant agreement4, that the conditions mentioned below5 are satisfied, he may make a declaration to that effect6.
The conditions are that:
(1) the provisions in question do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition; or
(2) the effect of restricting, distorting or preventing competition which the provisions in question do have or
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