Part I Competition
Chapter I Agreements
Introduction
1. Enactments replaced.
The prohibition
2. Agreements etc. preventing, restricting or distorting competition.
Excluded agreements
3. Excluded agreements.
Exemptions
4. Individual exemptions.
5. Cancellation etc. of individual exemptions.
6. Block exemptions.
7. Block exemptions: opposition.
8. Block exemptions: procedure.
9. The criteria for individual and block exemptions.
10. Parallel exemptions.
11. Exemption for certain other agreements.
Notification
12. Requests for Director to examine agreements.
13. Notification for guidance.
14. Notification for a decision.
15. Effect of guidance.
16. Effect of a decision that the Chapter I prohibition has not been infringed.
Chapter II Abuse of Dominant Position
17. Enactments replaced.
18. Abuse of dominant position.
Excluded cases
19. Excluded cases.
20. Requests for Director to consider conduct.
21. Notification for guidance.
22. Notification for a decision.
23. Effect of guidance.
24. Effect of a decision that the Chapter II prohibition has not been infringed.
Chapter III Investigation and Enforcement
Investigations
25. Director’s power to investigate.
26. Powers when conducting investigations.
27. Power to enter premises without a warrant.
28. Power to enter premises under a warrant.
29. Entry of premises under warrant: supplementary.
30. Privileged communications.
31. Decisions following an investigation.
Enforcement
32. Directions in relation to agreements.
33. Directions in relation to conduct.
34. Enforcement of directions.
35. Interim measures.
36. Penalty for infringing Chapter I or Chapter II prohibition.
37. Recovery of penalties.
38. The appropriate level of a penalty.
39. Limited immunity for small agreements.
40. Limited immunity in relation to the Chapter II prohibition.
41. Agreements notified to the Commission.
Offences
42. Offences.
43. Destroying or falsifying documents.
44. False or misleading information.
Chapter IV The Competition Commission and Appeals
The Commission
45. The Competition Commission.
Appeals
46. Appealable decisions.
47. Third party appeals.
48. Appeal tribunals.
49. Appeals on point of law etc.
Chapter V Miscellaneous
Vertical agreements and land agreements
50. Vertical agreements and land agreements.
Director’s rules, guidance and fees
51. Rules.
52. Advice and information.
53. Fees.
Regulators
54. Regulators.
Confidentiality and immunity from defamation
55. General restrictions on disclosure of information.
56. Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.
57. Defamation.
Findings of fact by Director
58. Findings of fact by Director.
Interpretation and governing principles
59. Interpretation.
60. Principles to be applied in determining questions.
Part II Investigations in relation to Articles 85 and 86
61. Introduction.
62. Power to enter premises: Commission investigations.
63. Power to enter premises: Director’s special investigations.
64. Entry of premises under sections 62 and 63: supplementary.
65. Offences.
Part III Monopolies
66. Monopoly investigations: general.
67. Offences.
68. Services relating to use of land.
69. Reports: monopoly references.
Part IV Supplemental and Transitional
70. Contracts as to patented products etc.
71. Regulations, orders and rules.
72. Offences by bodies corporate etc.
73. Crown application.
74. Amendments, transitional provisions, savings and repeals.
75. Consequential and supplementary provision.
76. Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
Exclusions: Mergers and Concentrations
Part I Mergers
Enterprises ceasing to be distinct: the Chapter I prohibition
1.(1) To the extent to which an agreement (either on...
Enterprises ceasing to be distinct: the Chapter II prohibition
2.(1) To the extent to which conduct (either on its...
Transfer of a newspaper or of newspaper assets
3.(1) The Chapter I prohibition does not apply to an...
Withdrawal of the paragraph 1 exclusion
4.(1) The exclusion provided by paragraph 1 does not apply...
Protected agreements
5.An agreement is a protected agreement for the purposes of...
Part II Concentrations subject to EC controls
6.(1) To the extent to which an agreement (either on...
SCHEDULE 2
Exclusions: Other Competition Scrutiny
Part I Financial Services
The Financial Services Act 1986 (c.60)
1.(1) The Financial Services Act 1986 is amended as follows....
Part II Companies
The Companies Act 1989 (c.40)
2.(1) The Companies Act 1989 is amended as follows.
The Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))
3.(1) The Companies (Northern Ireland) Order 1990 is amended as...
Part III Broadcasting
The Broadcasting Act 1990 (c.42)
4.(1) The Broadcasting Act 1990 is amended as follows.
Networking arrangements under the Broadcasting Act 1990 (c.42)
5.(1) The Chapter I prohibition does not apply in respect...
Part IV Environmental Protection
Producer responsibility obligations
6.(1) The Environment Act 1995 is amended as follows.
SCHEDULE 3
General Exclusions
Planning obligations
1.(1) The Chapter I prohibition does not apply to an...
Section 21(2) agreements
2.(1) The Chapter I prohibition does not apply to an...
EEA Regulated Markets
Services of general economic interest etc.
4.Neither the Chapter I prohibition nor the Chapter II prohibition...
Compliance with legal requirements
5.(1) The Chapter I prohibition does not apply to an...
Avoidance of conflict with international obligations
6.(1) If the Secretary of State is satisfied that, in...
Public policy
7.(1) If the Secretary of State is satisfied that there...
Coal and steel
8.(1) The Chapter I prohibition does not apply to an...
Agricultural products
9.(1) The Chapter I prohibition does not apply to an...
SCHEDULE 4
Professional Rules
Part I Exclusion
General
Designated rules
2.(1) The Secretary of State must establish and maintain a...
Application for designation
3.(1) Any body regulating a professional service or the persons...
Alterations
4.(1) A rule does not cease to be a designated...
Reviewing the list
5.(1) The Secretary of State must send to the Director—...
Removal from the list
6.(1) This paragraph applies if the Secretary of State receives...
Inspection
7.(1) Any person may inspect, and take a copy of—...
Part II Professional Services
Legal
8.The services of barristers, advocates or solicitors.
Medical
9.The provision of medical or surgical advice or attendance and...
Dental
10.Any services falling within the practice of dentistry within the...
Ophthalmic
11.The testing of sight.
Veterinary
12.Any services which constitute veterinary surgery within the meaning of...
Nursing
13.The services of nurses.
Midwifery
14.The services of midwives.
Physiotherapy
15.The services of physiotherapists.
Chiropody
16.The services of chiropodists.
Architectural
17.The services of architects.
Accounting and auditing
18.The making or preparation of accounts or accounting records and...
Insolvency
19.Insolvency services within the meaning of section 428 of the...
Patent agency
20.The services of registered patent agents (within the meaning of...
21.The services of persons carrying on for gain in the...
Parliamentary agency
22.The services of parliamentary agents entered in the register in...
Surveying
23.The services of surveyors of land, of quantity surveyors, of...
Engineering and technology etc.
24.The services of persons practising or employed as consultants in...
Educational
25.The provision of education or training.
Religious
26.The services of ministers of religion.
SCHEDULE 5
Notification under Chapter I: Procedure
Terms used
1.In this Schedule— “applicant” means the person making an application...
General rules about applications
2.(1) An application must be made in accordance with rules....
Preliminary investigation
3.(1) If, after a preliminary investigation of an application, the...
Procedure on application for guidance
4.When determining an application for guidance, the Director must follow...
Procedure on application for a decision
5.(1) When determining an application for a decision, the Director...
Publication of decisions
6.If the Director determines an application for a decision he...
Delay by the Director
7.(1) This paragraph applies if the court is satisfied, on...
SCHEDULE 6
Notification under Chapter II: Procedure
SCHEDULE 7
The Competition Commission
Part I General
Interpretation
1.In this Schedule— “the 1973 Act” means the Fair Trading...
Membership of the Commission
2.(1) The Commission is to consist of—
Chairman and deputy chairmen
3.(1) The Commission is to have a chairman appointed by...
President
4.(1) The Secretary of State must appoint one of the...
The Council
5.(1) The Commission is to have a management board to...
Term of office
6.(1) Subject to the provisions of this Schedule, each member...
Expenses, remuneration and pensions
7.(1) The Secretary of State shall pay to the Commission...
The Commission’s powers
8.Subject to the provisions of this Schedule, the Commission has...
Staff
9.(1) The Commission is to have a secretary, appointed by...
Procedure
10.Subject to any provision made by or under this Act,...
Application of seal and proof of instruments
11.(1) The application of the seal of the Commission must...
Accounts
12.(1) The Commission must— (a) keep proper accounts and proper...
Status
13.(1) The Commission is not to be regarded as the...
Part II Performance of the Commission’s General Functions
14.In this Part of this Schedule “group” means a group...
Discharge of certain functions by groups
15.(1) Except where sub-paragraph (7) gives the Chairman power to...
Chairmen of groups
16.The Chairman must appoint one of the members of a...
Replacement of member of group
17.(1) If, during the proceedings of a group—
Attendance of other members
18.(1) At the invitation of the chairman of a group,...
19.(1) Subject to any special or general directions given by...
Effect of exercise of functions by group
20.(1) Subject to sub-paragraph (2), anything done by or in...
Casting votes
21.The chairman of a group is to have a casting...
Newspaper merger references
22.The Secretary of State must maintain a panel of persons...
Part III Appeals
23.In this Part of this Schedule— “panel of chairmen” means...
Training of appeal panel members
24.The President must arrange such training for appeal panel members...
Acting President
25.If the President is absent or otherwise unable to act,...
Panel of tribunal chairmen
26.(1) There is to be a panel of appeal panel...
Constitution of tribunals
27.(1) On receipt of a notice of appeal, the President...
Part IV Miscellaneous
Disqualification of members for House of Commons
28.In Part II of Schedule 1 to the House of...
Disqualification of members for Northern Ireland Assembly
29.In Part II of Schedule 1 to the Northern Ireland...
Part V Transitional provisions
30.In this Part of this Schedule— “commencement date” means the...
Chairman
31.(1) The person who is Chairman of the MMC immediately...
Deputy chairmen
32.The persons who are deputy chairmen of the MMC immediately...
Reporting panel members
33.(1) The persons who are members of the MMC immediately...
Specialist panel members
34.(1) The persons who are members of the MMC immediately...
Secretary
35.The person who is the secretary of the MMC immediately...
Council
36.(1) The members who become deputy chairmen of the Commission...
SCHEDULE 8
1.In this Schedule— “the chairman” means a person appointed as...
General procedure
2.(1) An appeal to the Competition Commission must be made...
Decisions of the tribunal
3.(1) The tribunal must determine the appeal on the merits...
4.(1) A decision of the tribunal may be taken by...
Part II Rules
Registrar of Appeal Tribunals
5.(1) Rules may provide for the appointment by the Competition...
Notice of appeal
6.Rules may make provision— (a) as to the period within...
Response to the appeal
7.Rules may provide for the tribunal to reject an appeal...
Pre-hearing reviews and preliminary matters
8.(1) Rules may make provision— (a) for the carrying-out by...
Conduct of the hearing
9.(1) Rules may make provision— (a) as to the manner...
Interest
10.(1) Rules may make provision— (a) as to the circumstances...
Fees
11.(1) Rules may provide— (a) for fees to be chargeable...
Withdrawing an appeal
12.Rules may make provision— (a) that a party who has...
Interim orders
13.(1) Rules may provide for the tribunal to make an...
Miscellaneous
14.Rules may make provision— (a) for a person who is...
SCHEDULE 9
Director’s Rules
1.In this Schedule— “application for guidance” means an application for...
Applications
2.Rules may make provision— (a) as to the form and...
Provisional decisions
3.Rules may make provision as to the procedure to be...
Guidance
4.Rules may make provision as to— (a) the form and...
Decisions
5.(1) Rules may make provision as to—
Individual exemptions
6.Rules may make provision as to— (a) the procedure to...
7.Rules may make provision as to— (a) the form and...
Block exemptions
8.Rules may make provision as to— (a) the form and...
Parallel exemptions
9.Rules may make provision as to— (a) the circumstances in...
Section 11 exemptions
10.Rules may, with respect to any exemption provided by regulations...
Directions withdrawing exclusions
11.Rules may make provision as to the factors which the...
Disclosure of information
12.(1) Rules may make provision as to the circumstances in...
Applications under section 47
13.Rules may make provision as to— (a) the period within...
14.Rules may make provision as to the procedure to be...
SCHEDULE 10
Part I Monopolies
1.The amendments of the Fair Trading Act 1973 made by...
Part II The Prohibitions
Telecommunications
2.(1) In consequence of the repeal by this Act of...
Gas
3.(1) In consequence of the repeal by this Act of...
Electricity
4.(1) In consequence of the repeal by this Act of...
Water
5.(1) In consequence of the repeal by this Act of...
Railways
6.(1) In consequence of the repeal by this Act of...
Part III The Prohibitions: Northern Ireland
7.(1) In consequence of the repeal by this Act of...
8.(1) In consequence of the repeal by this Act of...
Part IV Utilities: Minor and Consequential Amendments
The Telecommunications Act 1984 (c.12)
9.(1) The Telecommunications Act 1984 is amended as follows.
The Gas Act 1986 (c.44)
10.(1) The Gas Act 1986 is amended as follows.
The Water Act 1989 (c.15)
11.In section 174(3) of the Water Act 1989 (general restrictions...
The Electricity Act 1989 (c.29)
12.(1) The Electricity Act 1989 is amended as follows.
The Water Industry Act 1991 (c.56)
13.(1) The Water Industry Act 1991 is amended as follows....
The Water Resources Act 1991 (c.57)
14.In Schedule 24 to the Water Resources Act 1991 (disclosure...
The Railways Act 1993 (c.43)
15.(1) The Railways Act 1993 is amended as follows.
The Channel Tunnel Rail Link Act 1996 (c.61)
16.(1) The Channel Tunnel Rail Link Act 1996 is amended...
Part V Minor and Consequential Amendments: Northern Ireland
The Electricity (Northern Ireland) Order 1992
17.(1) The Electricity (Northern Ireland) Order 1992 is amended as...
The Gas (Northern Ireland) Order 1996
18.(1) The Gas (Northern Ireland) Order 1996 is amended as...
SCHEDULE 11
Interpretation of Section 55
Relevant functions
1.In section 55(3) “relevant functions” means any function under—
Designated persons
2.In section 55(3) “designated person” means any of the following—...
SCHEDULE 12
Minor and Consequential Amendments
The Fair Trading Act 1973 (c.41)
1.(1) The Fair Trading Act 1973 is amended as follows....
The Energy Act 1976 (c.76)
2.In the Energy Act 1976, omit section 5 (temporary relief...
The Estate Agents Act 1979 (c.38)
3.In section 10(3) of the Estate Agents Act 1979 (restriction...
The Competition Act 1980 (c.21)
4.(1) The Competition Act 1980 is amended as follows.
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
5.In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order...
Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))
6.In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order...
The Airports Act 1986 (c.31)
7.(1) The Airports Act 1986 is amended as follows.
8.In Schedule 11 to the Financial Services Act 1986, in...
The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9))
9.In Part II of Schedule 1 to the Companies Consolidation...
The Consumer Protection Act 1987 (c.43)
10.In section 38(3) of the Consumer Protection Act 1987 (restrictions...
The Channel Tunnel Act 1987 (c.53)
11.In section 33 of the Channel Tunnel Act 1987—
The Road Traffic (Consequential Provisions) Act 1988 (c.54)
12.In Schedule 3 to the Road Traffic (Consequential Provisions) Act...
13.In Schedule 20 to the Companies Act 1989 (amendments about...
14.(1) The Broadcasting Act 1990 is amended as follows.
The Tribunals and Inquiries Act 1992 (c.53)
15.In Schedule 1 to the Tribunals and Inquiries Act 1992...
The Osteopaths Act 1993 (c.21)
16.Section 33 of the Osteopaths Act 1993 (competition and anti-competitive...
The Chiropractors Act 1994 (c.17)
17.Section 33 of the Chiropractors Act 1994 (competition and anti-competitive...
The Coal Industry Act 1994 (c.21)
18.In section 59(4) of the Coal Industry Act 1994 (information...
The Deregulation and Contracting Out Act 1994 (c.40)
19.(1) The Deregulation and Contracting Out Act 1994 is amended...
The Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))
20.(1) The Airports (Northern Ireland) Order 1994 is amended as...
The Broadcasting Act 1996 (c.55)
21.In section 77 of the Broadcasting Act 1996 (which modifies...
SCHEDULE 13
Transitional Provisions and Savings
1.(1) In this Schedule— “RPA” means the Resale Prices Act...
General power to make transitional provision and savings
2.(1) Nothing in this Schedule affects the power of the...
Advice and information
3.(1) The Director may publish advice and information explaining provisions...
Part II During the Interim Period
4.(1) The Secretary of State may, at any time during...
Certain agreements to be non-notifiable agreements
5.An agreement which— (a) is made during the interim period,...
Application of RTPA during the interim period
6.In relation to agreements made during the interim period—
7.(1) Sub-paragraphs (2) to (4) apply in relation to agreements...
Part III On the Starting Date
Applications which fall
8.(1) Proceedings in respect of an application which is made...
Orders and approvals which fall
9.(1) An order in force immediately before the starting date...
Part IV On and After the Starting Date
Chapter I General
Duty of Director to maintain register etc.
10.(1) This paragraph applies even though the relevant provisions of...
RTPA section 3 applications
11.(1) Even though section 3 of the RTPA is repealed...
RTPA section 26 applications
12.(1) Even though section 26 of the RTPA is repealed...
Right to bring civil proceedings
13.(1) Even though section 35 of the RTPA is repealed...
Chapter II Continuing Proceedings
The general rule
14.(1) The Chapter I prohibition does not apply to an...
Meaning of “continuing proceedings”
15.(1) For the purposes of this Schedule “continuing proceedings” means...
RTPA section 4 proceedings
16.Proceedings on an application for an order under section 4...
RPA section 16 or 17 proceedings
17.Proceedings on an application for an order under section 16...
Continuing proceedings which are discontinued
18.(1) On an application made jointly to the Court by...
Chapter III The Transitional Period
19.(1) Except where this Chapter or Chapter IV provides otherwise,...
Cases for which there is no transitional period
20.(1) There is no transitional period for an agreement to...
Continuing proceedings under the RTPA
21.In the case of an agreement which is the subject...
Continuing proceedings under the RPA
22.(1) In the case of an agreement relating to goods...
Provisions not contrary to public interest
23.(1) To the extent to which an agreement contains provisions...
Goods
24.(1) In the case of an agreement relating to goods...
Transitional period for certain agreements
25.(1) This paragraph applies to agreements— (a) which are subject...
Special cases
26.(1) In the case of an agreement in respect of...
Chapter IV The Utilities
27.In this Chapter “the relevant period” means the period beginning...
28.(1) For an agreement to which, immediately before the starting...
Electricity: power to make transitional orders
29.(1) There is a transitional period for an agreement (whether...
30.(1) For an agreement to which, immediately before the starting...
Gas: power to make transitional orders
31.(1) There is a transitional period for an agreement of...
Gas: Northern Ireland
32.(1) For an agreement to which, immediately before the starting...
Gas: Northern Ireland – power to make transitional orders
33.(1) There is a transitional period for an agreement of...
34.(1) In this paragraph— “section 131” means section 131 of...
The regulators
35.(1) Subject to sub-paragraph (3), each of the regulators may...
Chapter V Extending the transitional period
36.(1) A party to an agreement for which there is...
Chapter VI Terminating the Transitional Period
37.(1) Subject to sub-paragraph (2), the Director may by a...
Circumstances in which the Director may terminate the transitional period
38.(1) If the Director is considering whether to give a...
Procedural requirements on giving a paragraph 37 direction
39.(1) The Director must specify in a direction under paragraph...
Part V The Fair Trading Act 1973
References to the Monopolies and Mergers Commission
40.(1) If, on the date on which the repeal by...
Orders under Schedule 8
41.(1) In this paragraph— “the 1973 Act” means the Fair...
Part III of the Act
42.(1) The repeals made by section 1 do not affect...
Part VI The Competition Act 1980
Undertakings
43.(1) Subject to sub-paragraph (2), an undertaking accepted by the...
Application of sections 25 and 26
44.The repeals made by section 1 do not affect—
Part VII Miscellaneous
45.(1) Section 55 of this Act applies in relation to...
The Court
46.If it appears to the Lord Chancellor that a person...
SCHEDULE 14
Repeals and Revocations
Part I Repeals
Part II Revocations