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Competition Act 1998
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Changes over time for: Part II
Changes to legislation:
Competition Act 1998, Part II is up to date with all changes known to be in force on or before 20 April 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31G-31L and cross-heading inserted by S.I. 2019/93, reg. 8A (as inserted) by S.I. 2019/1245 reg. 3 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 46(3)(ha)(hb) inserted by S.I. 2019/93, reg. 14(d) (as inserted) by S.I. 2019/1245 reg. 5 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 47(1)(ca) inserted by S.I. 2019/93, reg. 15(b) (as substituted) by S.I. 2019/1245 reg. 6 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 60A(10) inserted by 2023 c. 28 s. 6(10)
- Sch. 6A para. 1A inserted by S.I. 2019/93, reg. 29A(2) (as inserted) by S.I. 2019/1245 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 6A Pt. 3 inserted by S.I. 2019/93, reg. 29A(4) (as inserted) by S.I. 2019/1245 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
Part IIU.K. The Prohibitions
TelecommunicationsU.K.
2F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 10 para. 2(1)-(6) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)
F2Sch. 10 para. 2(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F3Sch. 10 para. 2(8) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)
F4Sch. 10 para. 2(9) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (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(1), Sch. 1 (with art. 11)
F5Sch. 10 para. 2(10) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Commencement Information
I1Sch. 10 para. 2 wholly in force; Sch. 10 para. 2 not in force at Royal Assent see s. 76(3); Sch. 10 para. 2 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 2 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
GasU.K.
3(1)In consequence of the repeal by this Act of provisions of the M1Competition Act 1980, the functions transferred by subsection (3) of section 36A of the M2Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.U.K.
(2)Accordingly, that Act is amended as follows.
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).”
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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),”.
F8(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 10 para. 3(3) repealed (1.10.2001) by 2000 c. 27, ss. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)
F7Sch. 10 para. 3(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F8Sch. 10 para. 3(9)-(11) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Commencement Information
I2Sch. 10 para. 3 wholly in force; Sch. 10 para. 3 not in force at Royal Assent see s. 76(3); Sch. 10 para. 3 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 3 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
Marginal Citations
ElectricityU.K.
4(1)In consequence of the repeal by this Act of provisions of the M3Competition Act 1980, the functions transferred by subsection (3) of section 43 of the M4Electricity Act 1989 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply.U.K.
(2)Accordingly, that Act is amended as follows.
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).”
F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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),”.
F11(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 10 para. 4(3) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)
F10Sch. 10 para. 4(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F11Sch. 10 para. 4(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Commencement Information
I3Sch. 10 para. 4 wholly in force; Sch. 10 para. 4 not in force at Royal Assent see s. 76(3); Sch. 10 para. 4 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 4 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
Marginal Citations
WaterU.K.
5(1)In consequence of the repeal by this Act of provisions of the M5Competition Act 1980, the functions exercisable by virtue of subsection (3) of section 31 of the M6Water 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.
F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.”
F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).”
F14(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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),”.
F15(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 10 para. 5(3) repealed (1.4.2005) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(4)(a), Sch. 9 Pt. 3; S.I. 2005/968, art. 2(m)(ii)(n)
F13Sch. 10 para. 5(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F14Sch. 10 para. 5(9)(10) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F15Sch. 10 para. 5(13) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Commencement Information
I4Sch. 10 para. 5 wholly in force; Sch. 10 para. 5 not in force at Royal Assent see s. 76(3); Sch. 10 para. 5 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.
Marginal Citations
RailwaysU.K.
6(1)In consequence of the repeal by this Act of provisions of the M7Competition Act 1980, the functions transferred by subsection (3) of section 67 of the M8Railways 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).”
F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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),”.
F17(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 10 para. 6(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F17Sch. 10 para. 6(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Commencement Information
I5Sch. 10 para. 6 wholly in force; Sch. 10 para. 6 not in force at Royal Assent see s. 76(3); Sch. 10 para. 6 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; SCh. 10 para. 6 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
Marginal Citations
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