1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall examine the Agreements or practices that are the subject matter of the application for approval of the grant of an exemption and assess the extent of their positive or negative impact on the overall balance of the Relevant Market and the proper functioning of its mechanisms in accordance with the principles of free competition. 2. Such Agreements or practices may be exempted from the prohibitions set out in the Decree by Law where it is clearly and substantially established that they enhance overall economic efficiencies in a manner that benefits the broader ecosystem within the Relevant Market. 3. The assessment of whether an Agreement or practice substantially enhances economic efficiency shall be based on factors including the following: a. Definition of the Relevant Market. b. The nature of the practices under review and the nature of the infringement associated therewith. c. The substitutability of the products and services provided by the concerned Undertakings covered by the exemption application with products and services available in the Relevant Market, taking into account the prevailing prices therein. d. Determination of the commercial catchment area of the Undertakings concerned by the exemption application. e. The market shares of the concerned Undertakings. f. The extent to which the concerned Undertakings enjoy a Dominant Position and monopolize the Relevant Market. g. The likelihood of countervailing buyer power among customers in the Relevant Market. h. The level of actual or potential competition in the Relevant Market. i. The effect of the practices on the entry of economic establishments into, or their exit from, the Relevant Market. j. The extent of their impact on consumer interests. k. The impact on small and medium enterprises operating in the Relevant Market.
Interpretation and application must be checked against the official text and current version.