Guidance

Competition law exclusion orders relating to coronavirus (COVID-19)

A register of agreements relating to exclusion orders made by powers under paragraph 7 of Schedule 3 to The Competition Act 1998.

• From: Department for Business and Trade and Department for Business, Energy & Industrial Strategy
• Published: 21 May 2020
• Last updated: 22 April 2022 — See all updates

Under competition law, the Secretary of State for Business, Energy and Industrial Strategy can make legislation to relax UK competition rules for certain agreements which might normally be considered anti-competitive.

This is known as a ‘public policy exclusion order’.

The Secretary of State has made a number of exclusion orders to enable a rapid and coordinated response to coronavirus (COVID-19).

In order to qualify for the exclusions under the orders, agreements must be notified to the Secretary of State. The orders require the Secretary of State to maintain and publish a register of notified agreements.

This page contains links to each exclusion order and the agreements notified to the Secretary of State.

Groceries

The following agreements were notified under The Competition Act 1998 (Groceries) (Coronavirus) (Public Policy Exclusion) Order 2020 which was revoked on 8 October 2020 by The Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Amendment and Revocation) Order 2020.

• Bidfood (G01): notification - 9 April 2020 (PDF, 475 KB, 1 page)
• Brake Bros Limited (G02): notification - 9 April 2020 (PDF, 154 KB, 1 page)
• Waitrose & Partners (G03): notification - 9 April 2020 (PDF, 1.05 MB, 6 pages)
• Asda (G04): notification - 10 April 2020 (PDF, 579 KB, 7 pages)
• Co-op (G05): notification - 10 April 2020 (PDF, 1.96 MB, 5 pages)
• Sainsbury’s (G06): notification - 10 April 2020 (PDF, 202 KB, 6 pages)
• Tesco (G07): notification - 10 April 2020 (PDF, 2.05 MB, 6 pages)
• Waitrose & Partners (G08): notification - 17 April 2020 (PDF, 314 KB, 2 pages)
• Asda (G09): notification - 22 April 2020 (PDF, 544 KB, 3 pages)
• Tesco (G10): notification - 22 April 2020 (PDF, 343 KB, 2 pages)
• Iceland (G11): notification - 20 May 2020 (PDF, 139 KB, 2 pages)
• Iceland (G12): notification - 20 May 2020 (PDF, 276 KB, 1 page)
• Iceland (G13): notification - 20 May 2020 (PDF, 417 KB, 2 pages)
• Bidfood (G14): notification - 21 May 2020 (PDF, 110 KB, 1 page)
• Brake Bros Limited (G15): notification - 22 May 2020 (PDF, 160 KB, 1 page)
• Sainsbury's (G16): notification - 22 May 2020 (PDF, 144 KB, 2 pages)
• Asda (G17): notification - 26 May 2020 (PDF, 446 KB, 2 pages)
• Tesco (G18): notification - 26 May 2020 (PDF, 50.2 KB, 2 pages)

Dairy produce

These agreements were notified under The Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 which expired at 23:59pm on 1 August 2020 and was revoked on 25 September 2020 by The Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Amendment and Revocation) Order 2020.

• Dairy UK (D01): notification - 22 May 2020 (PDF, 547 KB, 23 pages)
• Dairy UK (D02): notification - 29 May 2020 (PDF, 132 KB, 7 pages)

Solent maritime crossings

The following agreements were notified under The Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020 which was revoked on 29 July 2021 by the Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Revocations) Order 2021.

• Isle of Wight Transport Infrastructure Board (S01): notification - 31 March 2020 (PDF, 399 KB, 2 pages)
• Isle of Wight Transport Infrastructure Board (S02): notification - 31 March 2020 (PDF, 1.28 MB, 6 pages)
• Isle of Wight Transport Infrastructure Board (S03): notification – 12 February 2021 (PDF, 1.22 MB, 5 pages)

Health services for patients in England 2020

The following agreements were notified under The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020 which was revoked on 29 July 2021 by the Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Revocations) Order 2021.

• Independent Healthcare Providers Network (HE01): notification - 9 April 2020 (PDF, 181 KB, 19 pages)
• Independent Healthcare Providers Network (HE02): notification - 30 April 2020 (PDF, 14.2 KB, 2 pages)
• Independent Healthcare Providers Network (HE03): notification - 22 October 2020 (PDF, 177 KB, 17 pages)
• Independent Healthcare Providers Network (HE04): notification – 16 December 2020 (PDF, 200 KB, 14 pages)

Health services for patients in England 2022

The following agreements were notified under The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2022 which expired at 23:59pm on 31 March 2022.

• Independent Healthcare Providers Network (HE05): notification – 4 March 2022 (PDF, 24KB, 2 pages)

Health services for patients in Wales

The following agreements were notified under The Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020 which was revoked on 29 July 2021 by the Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Revocations) Order 2021.

• Independent Healthcare Providers Network (HW01): notification - 30 April 2020 (PDF, 107 KB, 3 pages)

Published 21 May 2020
Last updated 22 April 2022 + show all updates

1. 22 April 2022

   Health services for patients in England 2022 added.

2. 15 March 2021

   Added agreement: Isle of Wight Transport Infrastructure Board (S03): notification – 12 February 2021.

3. 18 January 2021

   Added agreement: Independent Healthcare Providers Network (HE04): notification – 16 December 2020.

4. 2 August 2020

   The Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 expired at 23:59pm on 1 August 2020.

5. 10 July 2020

   Published agreements G14-18 (groceries) and D01 and 2 (dairy produce).

6. 21 May 2020

   First published.