Competition Act 1998
Competition Act 1998 (1998 c. 41)
- Competition Act 1998 (1998 c. 41)
- 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 Exempt agreements.
- 10 Assimilated exemptions.
- 10A Power to vary etc assimilated block exemption regulations
- 11 Exemption for certain other agreements.
- Notification
- 12 Requests for OFT 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
- Introduction
- 17 Enactments replaced.
- The prohibition
- 18 Abuse of dominant position.
- Excluded cases
- 19 Excluded cases.
- Notification
- 20 Requests for OFT 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 Power of CMA to investigate
- 25A Power of CMA to publish notice of investigation etc
- 25B Duty to preserve documents relevant to investigations
- 26 Investigations: powers to require documents and information
- 26A Investigations: power to ask questions
- 27 Power to enter business premises without a warrant
- 28 Power to enter business premises under a warrant.
- 28A Power to enter domestic premises under a warrant
- 29 Entry of premises under warrant: supplementary.
- 30 Privileged communications.
- 30A Use of statements in prosecution
- 31 Decisions following an investigation.
- 31A Commitments
- 31B Effect of commitments under section 31A
- 31C Review of commitments
- 31D Guidance
- 31E Enforcement of commitments
- 31F Power for Secretary of State to impose time-limits on investigations etc.
- Enforcement : directions and interim measures
- 32 Directions in relation to agreements.
- 33 Directions in relation to conduct.
- 34 Enforcement of directions.
- 35 Interim measures.
- Civil sanctions: breaches of commitments, directions and interim measures
- 35A Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties
- 35B Penalties under section 35A: amount
- Statement of policy in relation to functions under sections 31E, 34 and 35A
- 35C Statement of policy in relation to functions under sections 31E, 34 and 35A
- Civil sanctions: infringements of the Chapter I or II prohibitions
- 36 Penalties.
- 37 Recovery of penalties.
- 38 The appropriate level of a penalty.
- 39 Limited immunity in relation to the Chapter I prohibition.
- 40 Limited immunity in relation to the Chapter II prohibition.
- Transferred EU anti-trust commitments and transferred EU anti-trust directions
- 40ZA Interpretation
- 40ZB Transferred EU anti-trust commitments
- 40ZC Transferred EU anti-trust directions
- 40ZD Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions
- Civil sanctions: failure to comply with investigative requirements
- 40ZE Enforcement of requirements: imposition of penalties
- 40A Penalties: amount
- 40B Statement of policy on penalties
- 41 Agreements notified to the Commission.
- Offences
- 42 Obstruction.
- 43 Destroying or falsifying documents.
- 44 False or misleading information.
- Supplementary
- 44A Giving of notices under Chapter 3
- 44B Extra-territorial application of notices under sections 26 and 40ZD
- Chapter IV Appeals before the Tribunal and proceedings and settlements relating to infringements of competition law
- ...
- 45 The Competition Commission.
- Appeals before the Tribunal
- 46 Appealable decisions.
- 47 Third party appeals
- Claims for loss or damage , or for declaratory relief: proceedings before the Tribunal
- 47A Proceedings before the Tribunal: claims for damages etc.
- 47B Collective proceedings before the Tribunal
- 47C Collective proceedings: damages and costs
- 47D Proceedings under section 47A or collective proceedings: injunctions etc.
- 47DA Proceedings under section 47A or collective proceedings: declaratory relief
- 47E Limitation or prescriptive periods for proceedings under section 47A and collective proceedings
- Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal
- 47F Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal
- Further appeals from the Tribunal
- 48 Appeal tribunals.
- 49 Further appeals from the Tribunal
- Settlements relating to infringements of competition law
- 49A Collective settlements: where a collective proceedings order has been made
- 49B Collective settlements: where a collective proceedings order has not been made
- 49C Approval of redress schemes by the CMA
- 49D Redress schemes: recovery of costs
- 49E Enforcement of approved schemes
- Chapter V Miscellaneous
- Vertical agreements and land agreements
- 50 Vertical agreements and land agreements.
- CMA'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 CMA
- 58 Findings of fact by CMA.
- Findings of infringements
- 58A Infringement decisions
- Interpretation and governing principles
- 59 Interpretation of Part 1.
- 60 Principles to be applied in determining questions.
- 60A Certain principles etc to be considered or applied from IP completion day
- Part II Inspections under Articles 20, 21 and 22(2)
- 61 Interpretation of Part 2
- 62 Power to enter business premises under a warrant: Article 20 inspections
- 62A Power to enter non-business premises under a warrant: Article 21 inspections
- 62B Powers when conducting an Article 22(2) inspection
- 63 Power to enter business premises under a warrant: Article 22(2) inspections
- 64 Entry of premises under sections 62, 60, 62A and 63: supplementary.
- 65 Offences.
- 65A Privileged communications: Article 22(2) inspections
- 65B Use of statements in prosecution: Article 22(2) inspections
- PART 2A Article 22(1) investigations
- 65C Interpretation of Part 2A
- 65D Power to conduct an Article 22(1) investigation
- 65E Powers when conducting Article 22(1) investigations
- 65F Power to enter business premises without a warrant
- 65G Power to enter business premises under a warrant
- 65H Power to enter domestic premises under a warrant
- 65I Entry of premises under a warrant: supplementary
- 65J Privileged communications
- 65K Use of statements in prosecution
- 65L Offences
- 65M Destroying or falsifying documents
- 65N False or misleading information
- 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.
- 75A Rules in relation to Part 2 and Part 2A
- 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
- Enterprises ceasing to be distinct: the Chapter II prohibition
- Transfer of a newspaper or of newspaper assets
- Withdrawal of the paragraph 1 exclusion
- Protected agreements
- Part II Concentrations subject to EC controls
- SCHEDULE 2 Exclusions: Other Competition Scrutiny
- Part I Financial Services
- ...
- Part II Companies
- The Companies Act 1989 (c.40)
- The Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))
- Part III Broadcasting
- The Broadcasting Act 1990 (c.42)
- Networking arrangements under the Broadcasting Act 1990 (c.42)
- Part IV Environmental Protection
- Producer responsibility obligations
- SCHEDULE 3 General Exclusions
- Planning obligations
- Section 21(2) agreements
- ...
- Services of general economic interest etc.
- Compliance with legal requirements
- Avoidance of conflict with international obligations
- Public policy
- Coal and steel
- Agricultural products
- SCHEDULE 4 Professional Rules
- Part I Exclusion
- General
- Designated rules
- Application for designation
- Alterations
- Reviewing the list
- Removal from the list
- Inspection
- Part II Professional Services
- Legal
- Medical
- Dental
- Ophthalmic
- Veterinary
- Nursing
- Midwifery
- Physiotherapy
- Chiropody
- Architectural
- Accounting and auditing
- Insolvency
- Patent agency
- Parliamentary agency
- Surveying
- Engineering and technology etc.
- Educational
- Religious
- SCHEDULE 5 Notification under Chapter I: Procedure
- Terms used
- General rules about applications
- Preliminary investigation
- Procedure on application for guidance
- Procedure on application for a decision
- Publication of decisions
- Delay by the OFT
- SCHEDULE 6 Notification under Chapter II: Procedure
- Terms used
- General rules about applications
- Preliminary investigation
- Procedure on application for guidance
- Procedure on application for a decision
- Publication of decisions
- Delay by the OFT
- SCHEDULE 6A COMMITMENTS
- PART 1 PROCEDURAL REQUIREMENTS FOR THE ACCEPTANCE AND VARIATION OF COMMITMENTS
- PART 2 PROCEDURAL REQUIREMENTS FOR THE RELEASE OF COMMITMENTS
- SCHEDULE 7 The Competition Commission
- Part I General
- Interpretation
- Membership of the Commission
- Chairman and deputy chairmen
- President
- The Council
- Term of office
- Expenses, remuneration and pensions
- The Commission’s powers
- Staff
- Procedure
- Application of seal and proof of instruments
- Accounts
- Annual reports
- Status
- Part II Performance of the Commission’s General Functions
- Interpretation
- Discharge of certain functions by groups
- Chairmen of groups
- Replacement of member of group
- Attendance of other members
- Procedure
- Effect of exercise of functions by group
- Casting votes
- Newspaper merger references
- Part III Appeals
- Interpretation
- Training of appeal panel members
- Acting President
- Panel of tribunal chairmen
- Constitution of tribunals
- Part IV Miscellaneous
- Disqualification of members for House of Commons
- Disqualification of members for Northern Ireland Assembly
- Part V Transitional provisions
- Interpretation
- Chairman
- Deputy chairmen
- Reporting panel members
- Specialist panel members
- Secretary
- Council
- SCHEDULE 7A the competition commission: procedural rules for mergers and market references etc.
- SCHEDULE 8 Appeals
- Part I General
- Interpretation
- General procedure
- Decisions of the tribunal
- Part II Rules
- Registrar of Appeal Tribunals
- Notice of appeal
- Response to the appeal
- Pre-hearing reviews and preliminary matters
- Conduct of the hearing
- Interest
- Fees
- Withdrawing an appeal
- Interim orders
- Miscellaneous
- SCHEDULE 8A Further Provision about Claims in Respect of Loss or Damage , or for Declaratory Relief, Before a Court or the Tribunal
- Part 1 Interpretation
- Competition law etc
- Competition authority etc
- Cartels
- Settlement submission to a competition authority
- Consensual dispute resolution process
- Other definitions
- Part 2 Passing On
- Overcharges and underpayments
- Burden of proof where an overcharge is passed on to an indirect purchaser
- Burden of proof where an underpayment is passed on to an indirect provider
- Burden of proof where an overcharge or underpayment is passed on by the claimant
- Part 3 Small and Medium-Sized Enterprises
- Liability of small and medium-sized enterprises
- Part 4 Cartels
- Presumption that cartels cause harm
- Immunity recipients
- Liability of immunity recipients
- Contribution between participants in cartels
- Part 5 Limitation and Prescriptive Periods
- Time limits for bringing competition proceedings
- Length of limitation or prescriptive period
- Beginning of limitation or prescriptive period
- Effect of disability on beginning of limitation period: England and Wales and Northern Ireland
- Suspension during investigation by competition authority
- Suspension during consensual dispute resolution process
- Suspension during collective proceedings
- Suspension of prescriptive period during period of disability: Scotland
- Continuity of limitation or prescriptive period
- New claims in pending actions: England and Wales and Northern Ireland
- Part 6 Disclosure etc
- Disclosure orders
- Restriction in relation to settlement submissions and cartel leniency statements
- Restriction in relation to investigation materials
- Restriction in relation to material in a competition authority’s file
- Power of High Court in Northern Ireland to order disclosure etc by non-parties
- Part 7 Use of Evidence
- Cartel leniency statements and settlement submissions
- Investigation materials
- Material obtained from a competition authority’s file
- Decisions of member State competition authorities
- Part 8 Exemplary Damages
- Exemplary damages
- Consensual settlement
- Assessment of contribution
- Effect of consensual settlement on the amount of a claim
- Effect of consensual settlement for the settling infringer
- Effect of consensual settlement on contribution between defendants
- Part 10 Application
- SCHEDULE 9 CMA's Rules
- General
- Delegation of functions
- Applications
- Provisional decisions
- Guidance
- Decisions
- Individual exemptions
- Block exemptions
- Assimilated exemptions
- ...
- Directions withdrawing exclusions
- Disclosure of information
- Applications under section 47
- Oral hearings: procedure
- Procedural complaints
- Settling cases
- Enforcement
- SCHEDULE 10 Regulators
- Part I Monopolies
- Part II The Prohibitions
- Telecommunications
- Gas
- Electricity
- Water
- Railways
- Part III The Prohibitions: Northern Ireland
- Electricity
- Gas
- Part IV Utilities: Minor and Consequential Amendments
- The Telecommunications Act 1984 (c.12)
- The Gas Act 1986 (c.44)
- The Water Act 1989 (c.15)
- The Electricity Act 1989 (c.29)
- The Water Industry Act 1991 (c.56)
- The Water Resources Act 1991 (c.57)
- The Railways Act 1993 (c.43)
- The Channel Tunnel Rail Link Act 1996 (c.61)
- Part V Minor and Consequential Amendments: Northern Ireland
- The Electricity (Northern Ireland) Order 1992
- The Gas (Northern Ireland) Order 1996
- SCHEDULE 11 Interpretation of Section 55
- Relevant functions
- Designated persons
- SCHEDULE 12 Minor and Consequential Amendments
- The Fair Trading Act 1973 (c.41)
- The Energy Act 1976 (c.76)
- The Estate Agents Act 1979 (c.38)
- The Competition Act 1980 (c.21)
- Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
- Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))
- The Airports Act 1986 (c.31)
- ...
- The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9))
- The Consumer Protection Act 1987 (c.43)
- The Channel Tunnel Act 1987 (c.53)
- The Road Traffic (Consequential Provisions) Act 1988 (c.54)
- The Companies Act 1989 (c.40)
- The Broadcasting Act 1990 (c.42)
- The Tribunals and Inquiries Act 1992 (c.53)
- The Osteopaths Act 1993 (c.21)
- The Chiropractors Act 1994 (c.17)
- The Coal Industry Act 1994 (c.21)
- The Deregulation and Contracting Out Act 1994 (c.40)
- The Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))
- The Broadcasting Act 1996 (c.55)
- SCHEDULE 13 Transitional Provisions and Savings
- Part I General
- Interpretation
- General power to make transitional provision and savings
- Advice and information
- Part II During the Interim Period
- Block exemptions
- Certain agreements to be non-notifiable agreements
- Application of RTPA during the interim period
- Guidance
- Part III On the Starting Date
- Applications which fall
- Orders and approvals which fall
- Part IV On and After the Starting Date
- Chapter I General
- Duty of Director to maintain register etc.
- RTPA section 3 applications
- RTPA section 26 applications
- Right to bring civil proceedings
- Chapter II Continuing Proceedings
- The general rule
- Meaning of “continuing proceedings”
- RTPA section 4 proceedings
- RPA section 16 or 17 proceedings
- Continuing proceedings which are discontinued
- Chapter III The Transitional Period
- The general rule
- Cases for which there is no transitional period
- Continuing proceedings under the RTPA
- Continuing proceedings under the RPA
- Provisions not contrary to public interest
- Goods
- Transitional period for certain agreements
- Special cases
- Chapter IV The Utilities
- General
- Electricity
- Electricity: power to make transitional orders
- Gas
- Gas: power to make transitional orders
- Gas: Northern Ireland
- Gas: Northern Ireland – power to make transitional orders
- Railways
- The regulators
- Chapter V Extending the transitional period
- Chapter VI Terminating the Transitional Period
- General
- Circumstances in which the Director may terminate the transitional period
- Procedural requirements on giving a paragraph 37 direction
- Part V The Fair Trading Act 1973
- References to the Monopolies and Mergers Commission
- Orders under Schedule 8
- Part III of the Act
- Part VI The Competition Act 1980
- Undertakings
- Application of sections 25 and 26
- Part VII Miscellaneous
- Disclosure of information
- The Court
- SCHEDULE 14 Repeals and Revocations
- Part I Repeals
- Part II Revocations
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