http://www.legislation.gov.uk/id/ukpga/2002/40

http://www.legislation.gov.uk/ukpga/2002/40/section/188/2003-06-20

Enterprise Act 2002 (repealed)

An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.

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Statute Law Database

2024-05-17

2003-06-20

Enterprise Act 2002

s. 84A-84C and cross-heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 86(A1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 91(3)(ba)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 92(A1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 92A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 109(8B)

(8C)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 109(A1)(c)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110A(3A)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 120(2)(b)(i)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

s. 120(2)(b)(ii) and word

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 6(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Part 6Cartel offence

Cartel offence

188 Cartel offence

1

An individual is guilty of an offence if he dishonestly agrees with one or more other persons to make or implement, or to cause to be made or implemented, arrangements of the following kind relating to at least two undertakings (A and B).

2

The arrangements must be ones which, if operating as the parties to the agreement intend, would—

a

directly or indirectly fix a price for the supply by A in the United Kingdom (otherwise than to B) of a product or service,

b

limit or prevent supply by A in the United Kingdom of a product or service,

c

limit or prevent production by A in the United Kingdom of a product,

d

divide between A and B the supply in the United Kingdom of a product or service to a customer or customers,

e

divide between A and B customers for the supply in the United Kingdom of a product or service, or

f

be bid-rigging arrangements.

3

Unless subsection (2)(d), (e) or (f) applies, the arrangements must also be ones which, if operating as the parties to the agreement intend, would—

a

directly or indirectly fix a price for the supply by B in the United Kingdom (otherwise than to A) of a product or service,

b

limit or prevent supply by B in the United Kingdom of a product or service, or

c

limit or prevent production by B in the United Kingdom of a product.

4

In subsections (2)(a) to (d) and (3), references to supply or production are to supply or production in the appropriate circumstances (for which see section 189).

5

“Bid-rigging arrangements” are arrangements under which, in response to a request for bids for the supply of a product or service in the United Kingdom, or for the production of a product in the United Kingdom—

a

A but not B may make a bid, or

b

A and B may each make a bid but, in one case or both, only a bid arrived at in accordance with the arrangements.

6

But arrangements are not bid-rigging arrangements if, under them, the person requesting bids would be informed of them at or before the time when a bid is made.

7

“Undertaking” has the same meaning as in Part 1 of the 1998 Act.