Competition Act 1998

Part IIU.K. The Prohibitions

TelecommunicationsU.K.

2(1)In consequence of the repeal by this Act of provisions of the M1Competition Act 1980, the functions transferred by subsection (3) of section 50 of the M2Telecommunications Act 1984 (functions under 1973 and 1980 Acts) are no longer exercisable by the Director General of Telecommunications.U.K.

(2)Accordingly, that Act is amended as follows.

(3)In section 3 (general duties of Secretary of State and Director), in subsection (3)(b), for “section 50” substitute “ section 50(1) or (2) ”.

(4)In section 3, after subsection (3A), insert—

“(3B)Subsections (1) and (2) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 50(3) below (“Competition Act functions”).

(3C)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by subsection (1) or (2) above (“a general matter”), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in relation to any of the matters mentioned in subsection (3) or (3A) above, regard may not be had to any general matter.”

(5)Section 50 is amended as follows.

(6)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with telecommunications.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(7)In subsection (4), omit paragraph (c) and the “and” immediately after it.

(8)In subsection (5), omit “or (3)”.

(9)In subsection (6), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(10)In subsection (7), omit “or the 1980 Act”.

GasU.K.

3(1)In consequence of the repeal by this Act of provisions of the M3Competition Act 1980, the functions transferred by subsection (3) of section 36A of the M4Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.

(2)Accordingly, that Act is amended as follows.

(3)In section 4 (general duties of Secretary of State and Director), after subsection (3), insert—

“(3A)Subsections (1) to (3) above and section 4A below do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 36A below (“Competition Act functions”).

(3B)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (1) to (3) above or section 4A below, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”

(4)Section 36A is amended as follows.

(5)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to the carrying on of activities to which this subsection applies.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(6)In subsection (5)—

(a)for “transferred by”, in each place, substitute “ mentioned in ”;

(b)after paragraph (b), insert “ and ”;

(c)omit paragraph (d) and the “and” immediately before it.

(7)In subsection (6), omit “or (3)”.

(8)In subsection (7), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(9)In subsection (8)—

(a)omit “or under the 1980 Act”;

(b)for “or (3) above” substitute “ above and paragraph 1 of Schedule 10 to the Competition Act 1998 ”.

(10)In subsection (9), omit “or the 1980 Act”.

(11)In subsection (10), for the words from “transferred” to the end substitute “ mentioned in subsection (2) or (3) above. ”

ElectricityU.K.

4(1)In consequence of the repeal by this Act of provisions of the M5Competition Act 1980, the functions transferred by subsection (3) of section 43 of the M6Electricity Act 1989 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply.

(2)Accordingly, that Act is amended as follows.

(3)In section 3 (general duties of Secretary of State and Director), after subsection (6), insert—

“(6A)Subsections (1) to (5) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 43(3) below (“Competition Act functions”).

(6B)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (1) to (5) above (“a general matter”), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in the exercise of any function mentioned in subsection (6) above, regard may not be had to any general matter.”

(4)Section 43 is amended as follows.

(5)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with the generation, transmission or supply of electricity.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(6)In subsection (4), omit paragraph (c) and the “and” immediately after it.

(7)In subsection (5), omit “or (3)”.

(8)In subsection (6), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(9)In subsection (7), omit “or the 1980 Act”.

WaterU.K.

5(1)In consequence of the repeal by this Act of provisions of the M7Competition Act 1980, the functions exercisable by virtue of subsection (3) of section 31 of the M8Water Industry Act 1991 (functions of Director with respect to competition) are no longer exercisable by the Director General of Water Services.U.K.

(2)Accordingly, that Act is amended as follows.

(3)In section 2 (general duties with respect to water industry), in subsection (6)(a), at the beginning, insert “ subject to subsection (6A) below ”.

(4)In section 2, after subsection (6), insert—

“(6A)Subsections (2) to (4) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 31(3) below (“Competition Act functions”).

(6B)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (2) to (4) above, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”

(5)Section 31 is amended as follows.

(6)For subsection (3) substitute—

“(3)The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.”

(7)In subsection (4)—

(a)for “to (3)” substitute “ and (2) ”;

(b)omit paragraph (c) and the “and” immediately before it.

(8)After subsection (4), insert—

“(4A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(9)In subsection (5), omit “or in subsection (3) above”.

(10)In subsection (6), omit “or in subsection (3) above”.

(11)In subsection (7), omit “or (3)”.

(12)In subsection (8), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(13)In subsection (9), omit “or the 1980 Act”.

RailwaysU.K.

6(1)In consequence of the repeal by this Act of provisions of the M9Competition Act 1980, the functions transferred by subsection (3) of section 67 of the M10Railways Act 1993 (respective functions of the Regulator and the Director etc) are no longer exercisable by the Rail Regulator.U.K.

(2)Accordingly, that Act is amended as follows.

(3)In section 4 (general duties of the Secretary of State and the Regulator), after subsection (7), insert—

“(7A)Subsections (1) to (6) above do not apply in relation to anything done by the Regulator in the exercise of functions assigned to him by section 67(3) below (“Competition Act functions”).

(7B)The Regulator may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (1) to (6) above, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”

(4)Section 67 is amended as follows.

(5)For subsection (3) substitute—

“(3)The Regulator shall be entitled to exercise, concurrently with the Director, the functions of the Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b)conduct of the kind mentioned in section 18(1) of that Act,

which relate to the supply of railway services.

(3A)So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director are to be read as including a reference to the Regulator (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(6)In subsection (4), omit paragraph (c) and the “and” immediately after it.

(7)In subsection (6)(a), omit “or (3)”.

(8)In subsection (8), for paragraph (b) substitute—

“(b)Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(9)In subsection (9)—

(a)omit “or under the 1980 Act”;

(b)for “or (3) above” substitute “ above and paragraph 1 of Schedule 10 to the Competition Act 1998 ”.