- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/10/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 09/03/2017
Point in time view as at 16/10/2015.
Competition Act 1998, Chapter V is up to date with all changes known to be in force on or before 09 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Modifications etc. (not altering text)
C1Pt. 1 modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(3), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
(1)The Secretary of State may by order provide for any provision of this Part to apply in relation to—
(a)vertical agreements, or
(b)land agreements,
with such modifications as may be prescribed.
(2)An order may, in particular, provide for exclusions or exemptions, or otherwise provide for prescribed provisions not to apply, in relation to—
(a)vertical agreements, or land agreements, in general; or
(b)vertical agreements, or land agreements, of any prescribed description.
(3)An order may empower the [F1CMA] to give directions to the effect that in prescribed circumstances an exclusion, exemption or modification is not to apply (or is to apply in a particular way) in relation to an individual agreement.
(4)Subsections (2) and (3) are not to be read as limiting the powers conferred by section 71.
(5)In this section—
“land agreement” and “vertical agreement” have such meaning as may be prescribed; and
“prescribed” means prescribed by an order.
Textual Amendments
F1Word in s. 50(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 29 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Textual Amendments
F2Word in s. 51 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 30 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)The [F3CMA] may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of this Part as [F4it] considers appropriate.
(2)Schedule 9 makes further provision about rules made under this section but is not to be taken as restricting the [F5CMA] powers under this section.
(3)If the [F6CMA] is preparing rules under this section [F7it] must consult such persons as he considers appropriate.
(4)If the proposed rules relate to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
(5)No rule made by the [F8CMA] is to come into operation until it has been approved by an order made by the Secretary of State.
(6)The Secretary of State may approve any rule made by the [F8CMA] —
(a)in the form in which it is submitted; or
(b)subject to such modifications as he considers appropriate.
(7)If the Secretary of State proposes to approve a rule subject to modifications he must inform the [F8CMA] of the proposed modifications and take into account any comments made by the [F8CMA] .
(8)Subsections (5) to (7) apply also to any alteration of the rules made by the [F8CMA] .
(9)The Secretary of State may, after consulting the [F8CMA] , by order vary or revoke any rules made under this section.
(10)If the Secretary of State considers that rules should be made under this section with respect to a particular matter he may direct the [F8CMA] to exercise [F9its] powers under this section and make rules about that matter.
Textual Amendments
F3Word in s. 51(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 51(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5Word in s. 51(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Word in s. 51(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Words in s. 51(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F8Word in s. 51(5)-(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Words in s. 51(10) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
(1)[F10The CMA] must prepare and publish general advice and information about—
(a)the application of the Chapter I prohibition and the Chapter II prohibition, and
(b)the enforcement of those prohibitions.
[F11(1A)[F12The CMA] must prepare and publish general advice and information about—
(a)the application of the prohibitions in [F13Article 101(1) and Article 102]; and
(b)the enforcement by it of those prohibitions.]
(2)The [F14CMA] may at any time publish revised, or new, advice or information.
(3)Advice and information published under this section must be prepared with a view to—
(a)explaining provisions of this Part to persons who are likely to be affected by them; and
(b)indicating how the [F14CMA] expects such provisions to operate.
(4)Advice (or information) published by virtue of subsection (3)(b) may include advice (or information) about the factors which the [F14CMA] may take into account in considering whether, and if so how, to exercise a power conferred on [F15it] by Chapter I, II or III.
(5)Any advice or information published by the [F14CMA] under this section is to be published in such form and in such manner as [F16it] considers appropriate.
(6)If the [F14CMA] is preparing any advice or information under this section [F17it] must consult such persons as he considers appropriate.
(7)If the proposed advice or information relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
(8)In preparing any advice or information under this section about a matter in respect of which he may exercise functions under this Part, a regulator must consult—
(a)the [F18CMA] ;
(b)the other regulators; and
(c)such other persons as he considers appropriate.
Textual Amendments
F10Words in s. 52(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11S. 52(1A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 31(2)
F12Words in s. 52(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F13Words in s. 52(1A)(a) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F14Word in s. 52(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F15Words in s. 52(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F16Words in s. 52(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F17Words in s. 52(6) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F18Word in s. 52(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
[F19(1)The [F20OFT] may charge fees, of specified amounts, in connection with the exercise by [F20it] of specified functions under this Part.
(2)Rules may, in particular, provide—
(a)for the amount of any fee to be calculated by reference to matters which may include—
(i)the turnover of any party to an agreement (determined in such manner as may be specified);
(ii)the turnover of a person whose conduct the [F20OFT] is to consider (determined in that way);
(b)for different amounts to be specified in connection with different functions;
(c)for the repayment by the [F20OFT] of the whole or part of a fee in specified circumstances;
(d)that an application or notice is not to be regarded as duly made or given unless the appropriate fee is paid.
(3)In this section—
(a)“rules” means rules made by the [F20OFT] under section 51; and
(b)“specified” means specified in rules.]
Textual Amendments
F19S. 53 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 32 (with reg. 6(2))
F20Words in s. 53 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(40); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
(1)In this Part “regulator” means [F21—
[F22(a)the Office of Communications;]
(b)the Gas and Electricity Markets Authority;
F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)[F24the Water Services Regulation Authority;]
(e)the [F25Office of Rail and Road];
(f)[F26the Northern Ireland Authority for Utility Regulation;]
(g)the Civil Aviation Authority] [F27; [F28and]]
[F27(h)Monitor.]
[F29(i)the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.]
[F30(j)the Financial Conduct Authority.]
(2)Parts II and III of Schedule 10 provide for functions of the [F31CMA] under this Part to be exercisable concurrently by regulators.
(3)Parts IV and V of Schedule 10 make minor and consequential amendments in connection with the regulators’ competition functions.
(4)The Secretary of State may make regulations for the purpose of co-ordinating the performance of functions under this Part (“Part I functions”) which are exercisable concurrently by two or more competent persons as a result of [F32any enactment (including any subordinate legislation) whenever passed or made].
(5)The regulations may, in particular, make provision—
(a)as to the procedure to be followed by competent persons when determining who is to exercise Part I functions in a particular case;
(b)as to the steps which must be taken before a competent person exercises, in a particular case, such Part I functions as may be prescribed;
(c)as to the procedure for determining, in a particular case, questions arising as to which competent person is to exercise Part I functions in respect of the case;
(d)for Part I functions in a particular case to be exercised jointly—
(i)by the [F33CMA] and one or more regulators, or
(ii)by two or more regulators,
and as to the procedure to be followed in such cases;
(e)as to the circumstances in which the exercise by a competent person of such Part I functions as may be prescribed is to preclude the exercise of such functions by another such person;
(f)for cases in respect of which Part I functions are being, or have been, exercised by a competent person to be transferred to another such person;
(g)for the person (“A”) exercising Part I functions in a particular case—
(i)to appoint another competent person (“B”) to exercise Part I functions on A’s behalf in relation to the case; or
(ii)to appoint officers of B (with B’s consent) to act as officers of A in relation to the case;
(h)for notification as to who is exercising Part I functions in respect of a particular case.
F34(6)Provision made by virtue of subsection (5)(c) may provide for questions to be referred to and determined by the Secretary of State [F35, the CMA] or by such other person as may [F36—
(a)prescribe circumstances in which the CMA may decide that, in a particular case, it is to exercise Part 1 functions in respect of the case rather than a regulator;
(b) be prescribed.
[F37(6A)Where the regulations make provision as mentioned in subsection (6)(a), they must—
(a)include provision requiring the CMA to consult the regulator concerned before making a decision that the CMA is to exercise Part 1 functions in respect of a particular case, and
(b)provide that, in a case where a regulator has given notice under section 31(1) that it proposes to make a decision (within the meaning given by section 31(2)), the CMA may only decide that it is to exercise Part 1 functions in respect of the case rather than the regulator if the regulator consents.]
[F38(6B)The Secretary of State may by regulations make provision requiring arrangements to be made for the sharing of information between competent persons in connection with concurrent cases.]
[F38(6C)For the purposes of subsection (6B), “a concurrent case” is a case in respect of which—
(a)the CMA considers that Part 1 functions are, or (but for provision made under subsection (5)(e)) would be, exercisable by both it and any regulator;
(b)any regulator considers that Part 1 functions are, or (but for provision made under subsection (5)(e)) would be, exercisable by it.]
(7)“Competent person” means the [F39CMA] or any of the regulators.
[F40(8)In this section, “subordinate legislation” has the same meaning as in section 21(1) of the Interpretation Act 1978 (c 30) and includes an instrument made under—
(a)an Act of the Scottish Parliament;
(b)Northern Ireland legislation.]]
Textual Amendments
F21Words in s. 54(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(41)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F22S. 54(1)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(5)(a), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F23S. 54(1)(c) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 11(a); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F24S. 54(1)(d) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(2); S.I. 2005/2714, art. 4(f)
F25Words in s. 54(1)(e) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(m)
F26S. 54(1)(f) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 11(b); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F27S. 54(1)(h) and word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 74(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F28Word in s. 54(1)(g) omitted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), ss. 67(2), 148(5); S.I. 2014/2458, arts. 2(a)(ii), 3(b)(iii)
F29S. 54(1)(i) inserted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 67(2), 148(5); S.I. 2014/2458, arts. 2(a)(ii), 3(b)(iii)
F30S. 54(1)(j) inserted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 8 para. 9; S.I. 2014/2458, arts. 2(b)(bb)(i), 3(b)(v)
F31Word in s. 54(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 33 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F32Words in s. 54(4) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 33(2)
F33Word in s. 54(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 33 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F34Words in s. 54(6) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(2)(b), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F35Words in s. 54(6) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(2)(b), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F36Words in s. 54(6) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(2)(a), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F37S. 54(6A) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(3), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F38S. 54(6B)(6C) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(4), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F39Word in s. 54(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 33 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F40S. 54(8) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 33(3)
Modifications etc. (not altering text)
C2S. 54(5)-(7) applied by 1986 c. 46, s. 9D(2) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)
C3S. 54(5)-(7) applied by S.I. 2002/3150 (N.I. 4), art. 13D(2) (as inserted (19.12.2005) by The Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/1454), arts. 1(3), 3; S.R. 2005/514, art. 2)
Commencement Information
I1S. 54 wholly in force; s. 54 not in force at Royal Assent see s. 76(3); s. 54(2) in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; s. 54(3) in force for certain purposes at 11.1.1999 and s. 54(4)-(7) in force at the same date by S.I. 1998/3166, art. 2, Sch.; s. 54(3) in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; s. 54(1)(2) and (3) wholly in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F41S. 56 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 247(j), 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 6)
Modifications etc. (not altering text)
C4S. 55 restricted (31.10.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 115; S.I. 2003/2681, art. 2(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F41S. 56 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 247(j), 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 6)
For the purposes of the law relating to defamation, absolute privilege attaches to any advice, guidance, notice or direction given, or decision made, by the [F42CMA] in the exercise of any of [F43its] functions under this Part.
Textual Amendments
F42Word in s. 57 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 34 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F43Words in s. 57 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(42); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Textual Amendments
F44Word in s. 58 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 35 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)Unless the court [F46 or the Tribunal] directs otherwise [F47or the [F48OFT] has decided to take further action in accordance with section 16(2) or 24(2)], [F49CMA's] finding which is relevant to an issue arising in Part I proceedings is binding on the parties if—
(a)the time for bringing an appeal [F50under section 46 or 47] in respect of the finding has expired and the relevant party has not brought such an appeal; or
(b)the decision of [F51the Tribunal] on such an appeal has confirmed the finding.
(2)In this section—
[F52“ [F53a CMA's] finding” means a finding of fact made by the [F54CMA] in the course of conducting an investigation;]
[F55“Part 1 proceedings” means proceedings brought otherwise than by the [F54CMA] —
“relevant party” means—
(3)Rules of court [F61or Tribunal rules] may make provision in respect of assistance to be given by the [F62CMA] to the court [F63or the Tribunal] in Part I proceedings.
[F64(4)In this section “the court” means—
(a)in England and Wales or Northern Ireland, the High Court,
(b)in Scotland, the Court of Session or the sheriff.]
Textual Amendments
F45Word in s. 58 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F46Words in s. 58(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(2); S.I. 2015/1630, art. 3(j)
F47Words in s. 58(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(2) (with reg. 6(2))
F48Word in s. 58 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(43)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F49Words in s. 58(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F50Words in s. 58(1)(a) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F51Words in s. 58(1)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F52Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(a)
F53Words in s. 58(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F54Word in s. 58(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F55Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(b)
F56Words in s. 58(2) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(3)(a); S.I. 2015/1630, art. 3(j)
F57Words in s. 58(2) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F58Words in s. 58(2) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(c)(i)
F59Words in s. 58(2) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(3)(b); S.I. 2015/1630, art. 3(j)
F60Words in s. 58(2) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(c)(ii)
F61Words in s. 58(3) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(4)(a); S.I. 2015/1630, art. 3(j)
F62Word in s. 58(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F63Words in s. 58(3) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(4)(b); S.I. 2015/1630, art. 3(j)
F64S. 58(4) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(5); S.I. 2015/1630, art. 3(j)
Textual Amendments
F65S. 58A and cross-heading inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 20(1)(2), 279 (with s. 20(2)); S.I. 2003/1397, art. 2(1), Sch.
(1)This section applies to a claim in respect of an infringement decision which is brought in proceedings—
(a)before the court, or
(b)before the Tribunal under section 47A or 47B.
(2)The court or the Tribunal is bound by the infringement decision once it has become final.
(3)An infringement decision specified in section 47A(6)(a) or (b) becomes final—
(a)when the time for appealing against that decision expires without an appeal having been brought;
(b)where the decision is specified in section 47A(6)(a) and an appeal has been brought against the decision under section 46 or 47, when that appeal—
(i)has been withdrawn, dismissed or otherwise discontinued, or
(ii)has confirmed the infringement decision and the time for making any further appeal against that confirmatory decision expires without a further appeal having been brought;
(c)where an appeal has been brought in relation to the decision under section 49, when that appeal—
(i)in the case of an appeal against the infringement decision or against a decision which confirmed the infringement decision, has been withdrawn, dismissed or otherwise discontinued, or
(ii)has confirmed the infringement decision and the time for making any further appeal to the Supreme Court against that confirmatory decision expires without a further appeal having been brought; or
(d)where an appeal has been brought to the Supreme Court in relation to the decision, when that appeal—
(i)in the case of an appeal against a decision which confirmed the infringement decision, has been withdrawn, dismissed or otherwise discontinued, or
(ii)has confirmed the infringement decision.
(4)An infringement decision specified in section 47A(6)(c) becomes final—
(a)when the time for appealing against that decision in the European Court expires without an appeal having been brought; or
(b)where such an appeal has been brought against the decision, when that appeal—
(i)has been withdrawn, dismissed or otherwise discontinued, or
(ii)has confirmed the infringement decision.
(5)This section applies to the extent that the court or the Tribunal would not otherwise be bound by the infringement decision in question.
(6)In this section “the court” means—
(a)in England and Wales or Northern Ireland, the High Court,
(b)in Scotland, the Court of Session or the sheriff.]
Textual Amendments
F66S. 58A substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 14(1) (with Sch. 8 para. 14(2)); S.I. 2015/1630, art. 3(j)
(1)In this Part—
[F68"agreement" is to be read with section 2(5) and (6);]
F69...
[F70“Article 101(1)” means Article 101(1) of the Treaty;]
[F70“Article 101(3)” means Article 101(3) of the Treaty;]
[F70“Article 102” means Article 102 of the Treaty;]
“block exemption” has the meaning given in section 6(4);
“block exemption order” has the meaning given in section 6(2);
“the Chapter I prohibition” has the meaning given in section 2(8);
“the Chapter II prohibition” has the meaning given in section 18(4);
[F71“class member” has the meaning given in section 47B(8)(a);]
[F72“the CMA” means the Competition and Markets Authority;]
[F71“collective proceedings” has the meaning given in section 47B(1);]
[F71“collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;]
“the Commission” F73... means the European Commission;
“the Council” means the Council of the European Union;
“the court”, except in sections [F7449E,] 58[F75, 58A] and 60 and the expression “European Court”, means—
in England and Wales, the High Court;
in Scotland, the Court of Session; and
in Northern Ireland, the High Court;
F76...
“document” includes information recorded in any form;
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;
“the European Court” means the Court of Justice of the European Communities and includes the [F70General Court];
[F77“the EC Competition Regulation” means Council Regulation (EC) No. 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty;]
[F78“individual exemption” has the meaning given in section 4(2);]
“information” includes estimates and forecasts;
[F71“infringement decision”, except in section 49C, has the meaning given in section 47A(6);]
[F71“injunction” includes an interim injunction;]
“investigating officer” has the meaning given in section 27(1);
[F79“investigation” means an investigation under section 25;]
“Minister of the Crown” has the same meaning as in the Ministers of the M1Crown Act 1975;
[F80“OFCOM” means the Office of Communications;]
“officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;
[F71“opt-in collective proceedings” has the meaning given in section 47B(10);]
[F71“opt-out collective proceedings” has the meaning given in section 47B(11);]
F81...
“parallel exemption” has the meaning given in section 10(3);
“person”, in addition to the meaning given by the M2Interpretation Act 1978, includes any undertaking;
[F82“premises” includes any land or means of transport;]
“prescribed” means prescribed by regulations made by the Secretary of State;
“regulator” has the meaning given by section 54;
[F71“representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;]
[F71“represented person” means a class member who—
has opted in to opt-in collective proceedings,
was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or
has opted in to opt-out collective proceedings;]
“section 11 exemption” has the meaning given in section 11(3); and
[F70"the Treaty” means the Treaty on the Functioning of the European Union;]
[F83“ the Tribunal” means the Competition Appeal Tribunal;
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.]
[F84“working day” means a day which is not—
Saturday,
Sunday,
Christmas Day,
Good Friday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.]
[F85(1A)In this Part, in respect of proceedings in Scotland, “defendant” is to be read as “defender”.
(1B)Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.]
(2)The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because of an exclusion provided by or under this Part or any other enactment, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.
(3)For the purposes of this Part, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.
(4)Any power conferred on the [F86CMA] by this Part to require information includes power to require any document which [F87it] believes may contain that information.
Textual Amendments
F67Words in s. 59 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(3)
F68Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(a)
F69Words in s. 59(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 6(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F70Words in s. 59(1) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F71Words in s. 59(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(2); S.I. 2015/1630, art. 3(j)
F72Words in s. 59(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 38(2)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F73Words in s. 59(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 221 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F74Word in s. 59(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(3); S.I. 2015/1630, art. 3(j)
F75Word in s. 59(1) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 20(3), 279; S.I. 2003/1397, art. 2(1), Sch.
F76Words in s. 59(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F77Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(d)
F78Words in s. 59(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(e) (with reg. 6(2))
F79Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(f)
F80Words in s. 59(1) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(7), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F81Words in s. 59(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 38(2)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F82Words in s. 59(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(g)
F83Words in s. 59(1) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 6(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F84Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(h)
F85S. 59(1A)(1B) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j)
F86Word in s. 59(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 38(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F87Words in s. 59(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I2S. 59 wholly in force at 11.1.1999; s. 59 not in force at Royal Assent see s. 76(3); s. 59 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; s. 59 in force in so far as not already in force by S.I. 1998/3166, art. 2, Sch.
Marginal Citations
(1)The purpose of this section is to ensure that so far as is possible (having regard to any relevant differences between the provisions concerned), questions arising under this Part in relation to competition within the United Kingdom are dealt with in a manner which is consistent with the treatment of corresponding questions arising in [F88EU] law in relation to competition within [F89the European Union].
(2)At any time when the court determines a question arising under this Part, it must act (so far as is compatible with the provisions of this Part and whether or not it would otherwise be required to do so) with a view to securing that there is no inconsistency between—
(a)the principles applied, and decision reached, by the court in determining that question; and
(b)the principles laid down by the Treaty and the European Court, and any relevant decision of that Court, as applicable at that time in determining any corresponding question arising in [F88EU] law.
(3)The court must, in addition, have regard to any relevant decision or statement of the Commission.
(4)Subsections (2) and (3) also apply to—
(a)the [F90CMA] ; and
(b)any person acting on behalf of the [F90CMA] , in connection with any matter arising under this Part.
(5)In subsections (2) and (3), “court” means any court or tribunal.
(6)In subsections (2)(b) and (3), “decision” includes a decision as to—
(a)the interpretation of any provision of [F88EU] law;
(b)the civil liability of an undertaking for harm caused by its infringement of [F88EU] law.
Textual Amendments
F88Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
F89Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))
F90Word in s. 60(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 39 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C5S. 60 applied by 1986 c. 46, s. 9A(11) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)
C6S. 60 applied by S.I. 2002/3150 (N.I. 4), art. 13A(11) (as inserted (19.12.2005) by The Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/1454), arts. 1(3), 3; S.R. 2005/514, art. 2)
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