Notice of the happening of an affecting event is required under Section 10.40 and Section 10.43 of the Competition and Consumer Act 2010 (the Act).
Parties to a registered conference agreement are required to provide notice of the happening of an affecting event to the Registrar of Liner Shipping using Form 4, as specified in Regulation 42 of the Competition and Consumer Regulations 2010 (the Regulations).
Each notice submission must be verified by a statutory declaration made according to Regulation 47 of the Regulations.
Where the agreement has been finally registered, the parties are required to notify the Registrar of Liner Shipping within 30 days after:
- the happening of an event affects the operation or proposed operation of the agreement
- the happening of an event affects the services provided or proposed to be provided, or
- the parties arrive at an agreement with other liner shipping companies that affects the services provided, or that would but for the agreement have been provided by the other liner shipping companies.
Where the parties have made an application for registration of an agreement, but the agreement has not yet been finally registered, the parties are required to notify the Registrar of Liner Shipping as soon as practicable after:
- the happening of an event affects the proposed operation of the agreement
- the happening of an event affects the services proposed to be provided under the agreement, or
- the parties arrive at an agreement with other liner shipping companies that affects the services provided, or that would but for the agreement have been provided by the other liner shipping companies.