Competition Act 1998

Enactments replaced

The following shall cease to have effect— (a) the Restrictive Practices Court Act 1976 (c. 33), (b) the Restrictive Trade Practices Act 1976 (c. 34), (c) the…

Agreements etc. preventing, restricting or distorting competition

(1) Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or…

Excluded agreements

— s. 3 — Excluded agreements (1) The Chapter I prohibition does not apply in any of the cases in which it is excluded by or as a result of— (a) Schedule 1…

Individual exemptions

(1) The OFT may grant an exemption from the Chapter I prohibition with respect to a particular agreement if— (a) a request for an exemption has been made to it…

Cancellation etc. of individual exemptions

(1) If the OFT has reasonable grounds for believing that there has been a material change of circumstance since it granted an individual exemption, it may by…

Block exemptions

(1) If agreements which fall within a particular category of agreement are, in the opinion of the CMA, likely to be exempt agreements, the CMA may recommend…

Block exemptions: opposition

(1) A block exemption order may provide that a party to an agreement which— (a) does not qualify for the block exemption created by the order, but (b)…

Block exemptions: procedure

(1) Before making a recommendation under section 6(1), the CMA must— (a) publish details of its proposed recommendation in such a way as it thinks most…

Exempt agreements

(1) An agreement is exempt from the Chapter I prohibition if it— (a) contributes to— (i) improving production or distribution, or (ii) promoting technical or…

Assimilated exemptions

(A1) An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in an assimilated block exemption…

Power to vary etc assimilated block exemption regulations

(1) The Secretary of State may by regulations vary or revoke an assimilated block exemption regulation. (2) In exercising the power under subsection (1), the…

Requests for OFT to examine agreements

(1) Sections 13 and 14 provide for an agreement to be examined by the OFT on the application of a party to the agreement who thinks that it may infringe the…

Notification for guidance

(1) A party to an agreement who applies for the agreement to be examined under this section must— (a) notify the OFT of the agreement; and (b) apply to the OFT…

Notification for a decision

(1) A party to an agreement who applies for the agreement to be examined under this section must— (a) notify the OFT of the agreement; and (b) apply to the OFT…

Effect of guidance

(1) This section applies to an agreement if the OFT has determined an application under section 13 by giving guidance that— (a) the agreement is unlikely to…

Effect of a decision that the Chapter I prohibition has not been infringed

(1) This section applies to an agreement if the OFT has determined an application under section 14 by making a decision that the agreement has not infringed…

Enactments replaced

Sections 2 to 10 of the Competition Act 1980 (control of anti-competitive practices) shall cease to have effect.

Abuse of dominant position

(1) Subject to section 19, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market is prohibited if…

Excluded cases

— s. 19 — Excluded cases (1) The Chapter II prohibition does not apply in any of the cases in which it is excluded by or as a result of— (a) Schedule 1…

Requests for OFT to consider conduct

(1) Sections 21 and 22 provide for conduct of a person which that person thinks may infringe the Chapter II prohibition to be considered by the OFT on the…

Notification for guidance

(1) A person who applies for conduct to be considered under this section must— (a) notify the OFT of it; and (b) apply to the OFT for guidance. (2) On an…

Notification for a decision

(1) A person who applies for conduct to be considered under this section must— (a) notify the OFT of it; and (b) apply to the OFT for a decision. (2) On an…

Effect of guidance

(1) This section applies to conduct if the OFT has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the…

Effect of a decision that the Chapter II prohibition has not been infringed

(1) This section applies to conduct if the OFT has determined an application under section 22 by making a decision that the conduct has not infringed the…

Power of CMA to investigate

(1) In any of the following cases, the CMA may conduct an investigation. (2) The first case is where there are reasonable grounds for suspecting that there is…

Power of CMA to publish notice of investigation etc

(1) Where the CMA decides to conduct an investigation it may publish a notice which may, in particular— (a) state its decision to do so; (b) indicate which of…

Duty to preserve documents relevant to investigations

(1) Subsection (2) applies where a person knows or suspects that— (a) an investigation by the CMA under section 25 is being or is likely to be carried out, or…

Investigations: powers to require documents and information

(1) For the purposes of an investigation under section 25, the CMA may require any person to produce to it a specified document, or to provide it with…

Investigations: power to ask questions

(1) For the purposes of an investigation, the CMA may give notice to an individual ... requiring the individual to answer questions with respect to any matter…

Power to enter business premises without a warrant

(1) Any officer of the CMA who is authorised in writing by the CMA to do so (“an investigating officer”) may enter any business premises in connection with an…

Power to enter business premises under a warrant

(1) On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— (a) there are reasonable grounds for…

Power to enter domestic premises under a warrant

(1) On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— (a) there are reasonable grounds for…

Entry of premises under warrant: supplementary

(1) A warrant issued under section 28 or 28A must ...— (a) indicate the subject matter and purpose of the investigation; (b) include information about the…

Privileged communications

(1) A person shall not be required, under any provision of this Part, to produce or disclose a privileged communication. (1A) Nothing in section 28 or 28A…

Use of statements in prosecution

(1) A statement made by a person in response to a requirement imposed by virtue of any of sections 26, 27 to 28A and 40ZD may not be used in evidence against…

Decisions following an investigation

(1) If as a result of an investigation the CMA proposes to make a decision, the CMA must— (a) give written notice to the person (or persons) likely to be…

Commitments

(1) Subsection (2) applies in a case where the CMA has begun an investigation under section 25 but has not made a decision (within the meaning given by section…

Effect of commitments under section 31A

(1) Subsection (2) applies if the CMA has accepted commitments under section 31A (and has not released them). (2) In such a case, the CMA shall not— (a)…

Review of commitments

(1) Where the CMA is reviewing or has reviewed the effectiveness of commitments accepted under section 31A it must, if requested to do so by the Secretary of…

Guidance

(1) The CMA must prepare and publish guidance as to the circumstances in which it may be appropriate to accept commitments under section 31A. (2) The CMA may…

Enforcement of commitments

(1) If a person from whom the CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them)…

Power for Secretary of State to impose time-limits on investigations etc

(1) The Secretary of State may by order impose time-limits in relation to— (a) the conduct by the CMA of investigations or investigations of a description…

Directions in relation to agreements

(1) If the CMA has made a decision that an agreement infringes the Chapter I prohibition ..., it may give to such person or persons as it considers appropriate…

Directions in relation to conduct

(1) If the CMA has made a decision that conduct infringes the Chapter II prohibition ..., it may give to such person or persons as it considers appropriate…

Enforcement of directions

(1) If a person fails, without reasonable excuse, to comply with a direction under section 32 or 33, the CMA may apply to the court for an order— (a) requiring…

Interim measures

(1) Subject to subsection (8), this section applies if the CMA has begun an investigation under section 25 and not completed it (but only applies so long as…

Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties

(1) The CMA may, in accordance with section 35B, impose a penalty on a person— (a) from whom the CMA has accepted commitments under section 31A (and who has…

Penalties under section 35A: amount

(1) A penalty under section 35A(1) is to be such amount as the CMA considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an amount calculated…

Statement of policy in relation to functions under sections 31E, 34 and 35A

— s. 35C — Statement of policy in relation to functions under sections 31E, 34 and 35A (1) The CMA must prepare and publish a statement of policy in relation…

Penalties

(1) On making a decision that an agreement has infringed the Chapter I prohibition ..., the CMA may require an undertaking which is a party to the agreement to…

Recovery of penalties

(1) If the specified date in a penalty notice has passed and— (a) the period during which an appeal against the imposition, or amount, of the penalty may be…

The appropriate level of a penalty

(1) The CMA must prepare and publish guidance as to the appropriate amount of any penalty under this Part in respect of an infringement of the Chapter 1…

Limited immunity in relation to the Chapter I prohibition

(1) In this section “small agreement” means an agreement— (a) which falls within a category prescribed for the purposes of this section; but (b) is not a price…

Limited immunity in relation to the Chapter II prohibition

(1) In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section. (2) The criteria…

Interpretation

(1) In this section and in sections 40ZB and 40ZD “transferred EU anti-trust commitments” means EU anti-trust commitments— (a) which are the subject of an…

Transferred EU anti-trust commitments

and transferred EU anti-trust directions — s. 40ZB — Transferred EU anti-trust commitments (1) The CMA has the function of monitoring compliance with…

Transferred EU anti-trust directions

(1) The CMA has the function of monitoring compliance with transferred EU anti-trust directions. (2) If a person fails, without reasonable excuse, to comply…

Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions

(1) The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting…

Enforcement of requirements: imposition of penalties

(1) The CMA may impose a penalty on a person in accordance with section 40A where the CMA considers that— (a) the person has, without reasonable excuse, failed…

Penalties: amount

(1A) A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate. (2) A penalty imposed under section 40ZE(1)(a) may be—…

Statement of policy on penalties

(1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under section 40ZE. (2) The CMA must, in particular…

Agreements notified to the Commission

(1) This section applies if a party to an agreement which may infringe the Chapter I prohibition has notified the agreement to the Commission for a decision as…

Obstruction

(1) … (2) … (3) … (4) … (5) A person is guilty of an offence if he intentionally obstructs an officer acting in the exercise of his powers under section 27…

Destroying or falsifying documents

(1) A person is guilty of an offence if, having been required to produce a document under section 26, 27, 28 or 28A— (a) he intentionally or recklessly…

False or misleading information

(1) If information is provided by a person to the CMA in connection with any function of the CMA under this Part, that person is guilty of an offence if— (a)…

Giving of notices under Chapter 3

Section 126 of the Enterprise Act 2002 (service of documents) applies to the giving of notices under this Chapter as it applies to the service of documents…

Extra-territorial application of notices under sections 26 and 40ZD

(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD. (2) The power is exercisable so as to— (a) give…

Appealable decisions

(1) Any party to an agreement in respect of which the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision. (2) Any…

Third party appeals

(1) A person who does not fall within section 46(1) or (2) may appeal to the Tribunal with respect to— (a) a decision falling within paragraph (a), (c) or (e)…

Proceedings before the Tribunal: claims for damages etc

(1) A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules. (2)…

Collective proceedings before the Tribunal

(1) Subject to the provisions of this Act and Tribunal rules, proceedings may be brought before the Tribunal combining two or more claims to which section 47A…

Collective proceedings: damages and costs

(1) The Tribunal may not award exemplary damages in collective proceedings. (2) The Tribunal may make an award of damages in collective proceedings without…

Proceedings under section 47A or collective proceedings: injunctions etc

(1) An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings— (a) has the same effect as an injunction granted by…

Proceedings under section 47A or collective proceedings: declaratory relief

(1) A declaration granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration granted by the High…

Further provision about claims in respect of loss or damage, or for declaratory relief, before a court or the Tribunal

— s. 47F — Further provision about claims in respect of loss or damage, or for declaratory relief, before a court or the Tribunal Schedule 8A makes further…

Further appeals from the Tribunal

— s. 49 — Further appeals from the Tribunal (1) An appeal lies to the appropriate court— (a) from a decision of the Tribunal as to the amount of a penalty…

Collective settlements: where a collective proceedings order has been made

(1) The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims in collective proceedings (a…

Collective settlements: where a collective proceedings order has not been made

(1) The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims (a “collective settlement”) where—…

Approval of redress schemes by the CMA

(1) A person may apply to the CMA for approval of a redress scheme. (2) The CMA may consider an application before the infringement decision to which the…

Redress schemes: recovery of costs

(1) The CMA may require a person making an application for approval of a redress scheme to pay some or all of the CMA's reasonable costs relating to the…

Enforcement of approved schemes

(1) A compensating party is under a duty to comply with the terms of an approved scheme (“the duty”). (2) The duty is owed to any person entitled to…

Vertical agreements and land agreements

— s. 50 — Vertical agreements and land agreements (1) The Secretary of State may by order provide for any provision of this Part to apply in relation to— (a)…

Rules

(1) The CMA may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of this Part as it considers…

Advice and information

(1) The CMA must prepare and publish general advice and information about— (a) the application of the Chapter I prohibition and the Chapter II prohibition, and…

Fees

(1) The OFT may charge fees, of specified amounts, in connection with the exercise by it of specified functions under this Part. (2) Rules may, in particular…

Regulators

— s. 54 — Regulators (1) In this Part “regulator” means — (a) the Office of Communications; (b) the Gas and Electricity Markets Authority; (c) … (d) the Water…

Defamation

For the purposes of the law relating to defamation, absolute privilege attaches to any advice, guidance, notice or direction given, or decision made, by the…

Findings of fact by CMA

— s. 58 — Findings of fact by CMA (1) Unless the court or the Tribunal directs otherwise or the OFT has decided to take further action in accordance with…

Infringement decisions

(1) This section applies to a claim in respect of an infringement decision which is brought in proceedings— (a) before the court, or (b) before the Tribunal…

Interpretation of Part 1

(1) In this Part— "agreement" is to be read with section 2(5) and (6); ... ... ... ... “block exemption” has the meaning given in section 6(4); “block…

Certain principles etc to be considered or applied from IP completion day

(1) This section applies when one of the following persons determines a question arising under this Part in relation to competition within the United Kingdom—…

Services relating to use of land

In section 137 of the Fair Trading Act 1973, after subsection (3) insert— (3A) The Secretary of State may by order made by statutory instrument— (a) provide…

Reports: monopoly references

In section 83 of the Fair Trading Act 1973— (a) in subsection (1), omit “Subject to subsection (1A) below”; and (b) omit subsection (1A) (reports on monopoly…

Contracts as to patented products etc

Sections 44 and 45 of the Patents Act 1977 shall cease to have effect.

Regulations, orders and rules

(1) Any power to make regulations or orders which is conferred by this Act is exercisable by statutory instrument. (2) The power to make rules which is…

Offences by bodies corporate etc

(1) This section applies to an offence under any of sections 42 to 44 … (2) If an offence committed by a body corporate is proved— (a) to have been committed…

Crown application

(1) Any provision made by or under this Act binds the Crown except that— (a) the Crown is not criminally liable as a result of any such provision; (b) the…

Amendments, transitional provisions, savings and repeals

(1) The minor and consequential amendments set out in Schedule 12 are to have effect. (2) The transitional provisions and savings set out in Schedule 13 are to…

Consequential and supplementary provision

(1) The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the…

Short title, commencement and extent

(1) This Act may be cited as the Competition Act 1998. (2) Sections 71 and 75 and this section and paragraphs 1 to 7 and 35 of Schedule 13 come into force on…

Sch. 1 para. 1

(1) To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two…

Sch. 1 para. 2

(1) To the extent to which conduct (either on its own or when taken together with other conduct)— (a) results in any two enterprises ceasing to be distinct…

Sch. 1 para. 4

(1) The exclusion provided by paragraph 1 does not apply to a particular agreement if the CMA gives a direction under this paragraph to that effect. (2) If the…

Sch. 1 para. 5

An agreement is a protected agreement for the purposes of paragraph 4 if— (a) the CMA or (as the case may be) the Secretary of State has published its or his…

Sch. 2 para. 1

(1) The Financial Services Act 1986 is amended as follows. (2) For section 125 (effect of the Restrictive Trade Practices Act 1976), substitute— The…

Sch. 2 para. 2

(1) The Companies Act 1989 is amended as follows. (2) In Schedule 14, for paragraph 9 (exclusion of certain agreements from the Restrictive Trade Practices Act…

Sch. 2 para. 4

(1) The Broadcasting Act 1990 is amended as follows. (2) In section 194A (which modifies the Restrictive Trade Practices Act 1976 in its application to…

Sch. 2 para. 5

(1) The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they— (a) have been approved for the purposes of…

Sch. 2 para. 6

(1) The Environment Act 1995 is amended as follows. (2) In section 94(1) (supplementary provisions about regulations imposing producer responsibility…

Sch. 3 para. 1

(1) The Chapter I prohibition does not apply to an agreement— (a) to the extent to which it is a planning obligation; (b) which is made under section 75…

Sch. 3 para. 2

(1) The Chapter I prohibition does not apply to an agreement in respect of which a direction under section 21(2) of the Restrictive Trade Practices Act 1976 is…

Sch. 3 para. 4

Neither the Chapter I prohibition nor the Chapter II prohibition applies to an undertaking entrusted with the operation of services of general economic…

Sch. 3 para. 5

(1) The Chapter I prohibition does not apply to an agreement to the extent to which it is made in order to comply with a legal requirement. (2) The Chapter II…

Sch. 3 para. 6

(1) If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United…

Sch. 3 para. 7

(1) If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter I prohibition ought not to apply…

Sch. 3 para. 9

(1) The Chapter I prohibition does not apply to an agreement to the extent to which it relates to production of or trade in an agricultural product and— (a)…

Sch. 3 para. 10

(1) The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of a recognised interbranch organisation…

Sch. 5 para. 1

In this Schedule— “applicant” means the person making an application to which this Schedule applies; “application” means an application under section 13 or an…

Sch. 5 para. 2

(1) An application must be made in accordance with rules. (2) A party to an agreement who makes an application must take all reasonable steps to notify all…

Sch. 5 para. 3

(1) If, after a preliminary investigation of an application, the OFT considers that it is likely— (a) that the agreement concerned will infringe the Chapter I…

Sch. 5 para. 4

When determining an application for guidance, the OFT must follow such procedure as may be specified.

Sch. 5 para. 5

(1) When determining an application for a decision, the OFT must follow such procedure as may be specified. (2) The OFT must arrange for the application to be…

Sch. 5 para. 6

If the OFT determines an application for a decision it must publish its decision, together with its reasons for making it, in such manner as may be specified.

Sch. 5 para. 7 Prospective

(1) This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the OFT to determine an application for a…

Sch. 6 para. 1

In this Schedule— “applicant” means the person making an application to which this Schedule applies; “application” means an application under section 21 or an…

Sch. 6 para. 2

(1) An application must be made in accordance with rules. (2) If the conduct to which an application relates is conduct of two or more persons, the applicant…

Sch. 6 para. 3

(1) If, after a preliminary investigation of an application, the OFT considers that it is likely that the conduct concerned will infringe the Chapter II…

Sch. 6 para. 4

When determining an application for guidance, the OFT must follow such procedure as may be specified.

Sch. 6 para. 5

(1) When determining an application for a decision, the OFT must follow such procedure as may be specified. (2) The OFT must arrange for the application to be…

Sch. 6 para. 6

If the OFT determines an application for a decision it must publish its decision, together with its reasons for making it, in such manner as may be specified.

Sch. 6 para. 7 Prospective

(1) This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the OFT to determine an application for a…

Sch. 6A para. 1

Paragraph 2 applies where the CMA proposes to— (a) accept any commitments under section 31A; or (b) accept any variation of such commitments other than a…

Sch. 6A para. 2

(1) Before accepting the commitments or variation, the CMA must— (a) give notice under this paragraph; and (b) consider any representations made in accordance…

Sch. 6A para. 3

(1) The CMA must not accept the commitments or variation of which notice has been given under paragraph 2(1) with modifications unless it— (a) gives notice…

Sch. 6A para. 4

If, after giving notice under paragraph 2 or 3 the CMA decides— (a) not to accept the commitments or variation concerned, and (b) not to proceed by virtue of…

Sch. 6A para. 5

The requirements of paragraph 3 shall not apply if the CMA — (a) has already given notice under paragraph 2 but not under paragraph 3; and (b) considers that…

Sch. 6A para. 6

The requirements of paragraph 3 shall not apply if the CMA — (a) has already given notices under paragraphs 2 and 3; and (b) considers that the further…

Sch. 6A para. 7

As soon as practicable after accepting commitments or a variation under section 31A the CMA must publish the commitments or the variation in such manner as the…

Sch. 6A para. 8

A notice under paragraph 2 or 3 shall be given by— (a) sending a copy of the notice to such person or persons as the CMA considers appropriate for the purpose…

Sch. 6A para. 10

Paragraph 11 applies where the CMA proposes to release any commitments under section 31A.

Sch. 6A para. 11

(1) Before releasing the commitments, the CMA must— (a) give notice under this paragraph; (b) send a copy of the notice to the person (or persons) who gave the…

Sch. 6A para. 12

If after giving notice under paragraph 11 the CMA decides not to proceed with the release, it must— (a) give notice that it has so decided; and (b) send a copy…

Sch. 6A para. 13

As soon as practicable after releasing the commitments, the CMA must— (a) publish the release in such manner as it considers appropriate; and (b) send a copy…

Sch. 6A para. 14

A notice under paragraph 11 or 12 shall be given by— (a) sending a copy of the notice to such other person or persons as the CMA considers appropriate for the…

Sch. 8 para. 2

(1) An appeal to the Tribunal under section 46, 47 or 49D(3) must be made by sending a notice of appeal to it within the specified period. (2) The notice of…

Sch. 8 para. 3

(A1) This paragraph applies to any appeal under section 46 or 47 other than— (a) an appeal under section 46 against, or with respect to, a decision of the kind…

Sch. 8 para. 3A

(1) This paragraph applies to— (a) any appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g), (h), (ha) or…

Sch. 8 para. 3B

(1) This paragraph applies to an appeal under section 49D(3). (2) The Tribunal must determine the appeal on the merits by reference to the grounds of appeal…

Sch. 8A para. 1

This Part of this Schedule contains definitions and other provisions about interpretation which apply for the purposes of this Schedule.

Competition law etc

(1) “Competition law” means— (a) the Chapter I prohibition, and (b) the Chapter II prohibition, (c) … (d) … (2) “Competition claim” means— (a) a claim in…

Competition authority etc

(1) “Competition authority” means— (a) the CMA, and (b) a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA, (c) ……

Cartels

(1) “Cartel” means an agreement or concerted practice between two or more competitors aimed at— (a) co-ordinating their competitive behaviour in a market, or…

Settlement submission to a competition authority

(1) “Settlement submission” means a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking— (a) which states— (i)…

Consensual dispute resolution process

(1) “Consensual dispute resolution process” means arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court. (2) A…

Other definitions

(1) “Court” means— (a) the High Court or the Court of Appeal in England and Wales, (b) the sheriff or the Court of Session, (c) the High Court or the Court of…

Overcharges and underpayments

For the purposes of this Part of this Schedule— (a) there is an overcharge as a result of an infringement of competition law if, when a product or service is…

Burden of proof where an overcharge is passed on to an indirect purchaser

(1) Sub-paragraph (2) applies where there is an overcharge as a result of an infringement of competition law and— (a) a competition claim within paragraph…

Burden of proof where an underpayment is passed on to an indirect provider

(1) Sub-paragraph (2) applies where there is an underpayment as a result of an infringement of competition law and— (a) a competition claim within paragraph…

Burden of proof where an overcharge or underpayment is passed on by the claimant

(1) This paragraph applies where— (a) there is an overcharge or underpayment as a result of an infringement of competition law, (b) a person makes a…

Liability of small and medium-sized enterprises

(1) Sub-paragraph (3) applies where— (a) an undertaking participated in an infringement of competition law with one or more other undertakings, (b) throughout…

Presumption that cartels cause harm

For the purposes of competition proceedings, it is to be presumed, unless the contrary is proved, that a cartel causes loss or damage.

Immunity recipients

(1) Paragraphs 15 and 16 apply where— (a) undertakings have infringed the Chapter I prohibition ... by participating in a cartel, and (b) in respect of its…

Liability of immunity recipients

(1) An immunity recipient is not liable (either alone or jointly) to pay damages to a person as a result of the cartel infringement (whatever the legal basis…

Contribution between participants in cartels

(1) Sub-paragraph (2) applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2)…

Time limits for bringing competition proceedings

(1) Under the law of England and Wales and the law of Northern Ireland, proceedings in respect of a competition claim may not be brought before a court or the…

Length of limitation or prescriptive period

(1) The limitation period is 6 years. (2) The prescriptive period is 5 years. (3) But see— (a) the provision in paragraphs 20 to 25 for the running of the…

Beginning of limitation or prescriptive period

(1) The limitation or prescriptive period for a competition claim against an infringer begins with the later of— (a) the day on which the infringement of…

Effect of disability on beginning of limitation period: England and Wales and Northern Ireland

(1) This paragraph applies if the claimant in relation to a competition claim is under a disability on the day on which, but for this paragraph, the limitation…

Suspension during investigation by competition authority

(1) Where a competition authority investigates an infringement of competition law, the period of the investigation is not to be counted when calculating…

Suspension during consensual dispute resolution process

(1) This paragraph applies where— (a) a dispute arising from an infringement of competition law is the subject of a consensual dispute resolution process, (b)…

Suspension during collective proceedings

(1) Where a competition claim is made in collective proceedings at the commencement of those proceedings (“the section 47B claim”), this paragraph applies for…

Suspension of prescriptive period during period of disability: Scotland

(1) This paragraph applies if the relevant person in relation to a competition claim is under legal disability for a period at any time. (2) In Scotland, the…

Continuity of limitation or prescriptive period

For the purposes of calculating whether the limitation or prescriptive period for a competition claim has expired, a period described in paragraph 21, 22, 23…

New claims in pending actions: England and Wales and Northern Ireland

(1) In section 35 of the Limitation Act 1980 (new claims in pending actions)— (a) subsection (1) applies for the purposes of this Part of this Schedule as it…

Disclosure orders

(1) For the purposes of this Part of this Schedule (and subject to sub-paragraph (2)), a court or the Tribunal makes a disclosure order in respect of something…

Restriction in relation to settlement submissions and cartel leniency statements

For the purposes of competition proceedings or digital markets proceedings, a court or the Tribunal must not make a disclosure order in respect of— (a) a…

Restriction in relation to investigation materials

For the purposes of competition proceedings or digital markets proceedings, a court or the Tribunal must not make a disclosure order in respect of a…

Restriction in relation to material in a competition authority’s file

(1) For the purposes of competition proceedings or digital markets proceedings, a court or the Tribunal must not make a disclosure order addressed to a…

Power of High Court in Northern Ireland to order disclosure etc by non-parties

(1) On the application of a party to competition proceedings, where it appears to the High Court in Northern Ireland that evidence relevant to the proceedings…

Cartel leniency statements and settlement submissions

(1) A settlement submission which has not been withdrawn is not admissible in evidence in competition proceedings. (2) A cartel leniency statement is not…

Investigation materials

(1) A competition authority’s investigation materials are not admissible in evidence in competition proceedings at any time before the competition authority…

Material obtained from a competition authority’s file

Documents or information obtained by a person (“P”) from a competition authority’s file are admissible in evidence in competition proceedings only where— (a)…

Consensual settlement

In this Part of this Schedule, “consensual settlement” means an agreement relating to a dispute about loss or damage arising from an infringement of…

Assessment of contribution

(1) This paragraph applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of…

Effect of consensual settlement on the amount of a claim

(1) Where loss or damage arising from an infringement of competition law is the subject of— (a) a consensual settlement, and (b) a competition damages claim by…

Effect of consensual settlement for the settling infringer

(1) Where loss or damage arising from an infringement of competition law is the subject of a consensual settlement, the settling complainant ceases to have a…

Effect of consensual settlement on contribution between defendants

(1) Where— (a) loss or damage arising from an infringement of competition law is the subject of a consensual settlement, (b) it is also the subject of a…

Sch. 8A para. 42

(1) Parts 2 to 5 ... and 9 of this Schedule apply in relation to competition claims, competition proceedings, claims for contribution arising from competition…

Sch. 8A para. 43

The following provisions of this Schedule apply only in relation to proceedings on a competition claim in relation to which the first proceedings before a…

Sch. 9 para. 1

In this Schedule “rules” means rules made by the CMA under section 51.

Sch. 9 para. 1A

(1) Rules may provide for the exercise of a function of the CMA under this Part on its behalf— (a) by one or more members of the CMA Board (see Part 2 of…

Sch. 9 para. 2

Rules may make provision— (a) as to the form and manner in which an application for guidance or an application for a decision must be made; (b) for the…

Sch. 9 para. 3

Rules may make provision as to the procedure to be followed by the OFT when making a provisional decision under paragraph 3 of Schedule 5 or paragraph 3 of…

Sch. 9 para. 4

Rules may make provision as to— (a) the form and manner in which guidance is to be given; (b) the procedure to be followed if— (i) the OFT takes further action…

Sch. 9 para. 5

(1) Rules may make provision as to— (a) the form and manner in which notice of any decision is to be given; (b) the person or persons to whom the notice is to…

Sch. 9 para. 6

Rules may make provision as to— (a) the procedure to be followed by the OFT when deciding whether, in accordance with section 5— (i) to cancel an individual…

Sch. 9 para. 7

Rules may make provision as to— (a) the form and manner in which an application under section 4(6) for the extension of an individual exemption is to be made…

Sch. 9 para. 8

Rules may make provision as to— (a) the procedure to be followed by the CMA if it cancels a block exemption; (b) …

Sch. 9 para. 9

Rules may make provision as to— (a) the circumstances in which the CMA may— (i) impose conditions or obligations in relation to an assimilated exemption, (ii)…

Sch. 9 para. 11

Rules may make provision as to the factors which the CMA may take into account when it is determining the date on which a direction given under paragraph 4(1)…

Sch. 9 para. 12

(1) Rules may make provision as to the circumstances in which the CMA is to be required, before disclosing information given to it by a third party in…

Sch. 9 para. 13

Rules may make provision as to— (a) the period within which an application under section 47(1) must be made; (b) the procedure to be followed by the CMA in…

Sch. 9 para. 13A

(1) Rules may make provision as to the procedure to be followed by the CMA in holding oral hearings as part of an investigation. (2) Rules may, in particular…

Sch. 9 para. 13B

(1) Rules may make provision as to arrangements to be made by the CMA for dealing with complaints about the conduct by the CMA of an investigation. (2) Rules…

Sch. 9 para. 13C

Rules may make provision as to the procedure to be followed in a case where, during an investigation, one or more persons notify the CMA that they accept that…

Sch. 9 para. 14

Rules may make provision as to the procedure to be followed when the CMA takes action under any of sections 32 to 40 with respect to the enforcement of the…

Sch. 10 para. 2

(1) … (2) … (3) … (4) … (5) … (6) … (7) … (8) … (9) … (10) …

Sch. 10 para. 3

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by subsection (3) of section 36A of the Gas…

Sch. 10 para. 4

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by subsection (3) of section 43 of the…

Sch. 10 para. 5

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions exercisable by virtue of subsection (3) of section 31 of…

Sch. 10 para. 6

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by subsection (3) of section 67 of the…

Sch. 10 para. 7

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by paragraph (3) of Article 46 of the…

Sch. 10 para. 8

(1) In consequence of the repeal by this Act of provisions of the Competition Act 1980, the functions transferred by paragraph (3) of Article 23 of the Gas…

Sch. 10 para. 9

(1) The Telecommunications Act 1984 is amended as follows. (2) … (3) … (4) … (5) … (6) … (7) In section 101(3) (general restrictions on disclosure of…

Sch. 10 para. 10

(1) The Gas Act 1986 is amended as follows. (2) … (3) In section 25, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act…

Sch. 10 para. 11

In section 174(3) of the Water Act 1989 (general restrictions on disclosure of information)— (a) omit paragraphs (d) and (e) (which refer to the Restrictive…

Sch. 10 para. 12

(1) The Electricity Act 1989 is amended as follows. (2) In section 12 (modification references to Competition Commission), for subsections (8) and (9)…

Sch. 10 para. 13

(1) The Water Industry Act 1991 is amended as follows. (2) In section 12(5) (determinations under conditions of appointment)— (a) after “this Act”, insert “ or…

Sch. 10 para. 14

In Schedule 24 to the Water Resources Act 1991 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)— (a) omit the…

Sch. 10 para. 15

(1) The Railways Act 1993 is amended as follows. (2) … (3) In section 14, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices…

Sch. 10 para. 16

(1) The Channel Tunnel Rail Link Act 1996 is amended as follows. (2) In section 21 (duties as to exercise of regulatory functions), in subsection (6), at the…

Sch. 10 para. 17

(1) The Electricity (Northern Ireland) Order 1992 is amended as follows. (2) In Article 15 (modification references to Competition Commission), for paragraphs…

Sch. 10 para. 18

(1) The Gas (Northern Ireland) Order 1996 is amended as follows. (2) … (3) In Article 16, omit paragraph (2) (which falls with the repeal of the Restrictive…

Sch. 12 para. 1

(1) The Fair Trading Act 1973 is amended as follows. (2) Omit section 4 and Schedule 3 (which make provision in respect of the Monopolies and Mergers…

Sch. 12 para. 2

In the Energy Act 1976, omit section 5 (temporary relief from restrictive practices law in relation to certain agreements connected with petroleum).

Sch. 12 para. 3

In section 10(3) of the Estate Agents Act 1979 (restriction on disclosure of information), in paragraph (a)— (a) omit “or the Restrictive Trade Practices Act…

Sch. 12 para. 4

(1) The Competition Act 1980 is amended as follows. (2) In section 11(8) (public bodies and other persons referred to the Commission), omit paragraph (b) and…

Sch. 12 para. 5

In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order 1981, omit paragraphs 42 and 43 (which amend the Restrictive Trade Practices Act 1976).

Sch. 12 para. 6

In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order 1982— (a) omit the entry relating to paragraph 16(2) of Schedule 3 to the Fair Trading Act…

Sch. 12 para. 8

In Schedule 11 to the Financial Services Act 1986, in paragraph 12— (a) in sub-paragraph (1), omit “126”; (b) omit sub-paragraph (2).

Sch. 12 para. 9

In Part II of Schedule 1 to the Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986, omit the entries relating to the Restrictive…

Sch. 12 para. 10

In section 38(3) of the Consumer Protection Act 1987 (restrictions on disclosure of information)— (a) omit paragraphs (e) and (f); and (b) after paragraph (o)…

Sch. 12 para. 12

In Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (consequential amendments), omit paragraph 19.

Sch. 12 para. 13

In Schedule 20 to the Companies Act 1989 (amendments about mergers and related matters), omit paragraphs 21 to 24.

Sch. 12 para. 15

In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), after paragraph 9, insert— Competition 9A…

Sch. 12 para. 18

In section 59(4) of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)— (a) omit paragraphs (e) and (f); and (b) after…

Sch. 12 para. 19

(1) The Deregulation and Contracting Out Act 1994 is amended as follows. (2) Omit— (a) section 10 (restrictive trade practices: non-notifiable agreements); and…

Sch. 12 para. 21

In section 77 of the Broadcasting Act 1996 (which modifies the Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news…

Sch. 13 para. 1

(1) In this Schedule— “RPA” means the Resale Prices Act 1976; “RTPA” means the Restrictive Trade Practices Act 1976; “continuing proceedings” has the meaning…

Sch. 13 para. 2

(1) Nothing in this Schedule affects the power of the Secretary of State under section 75 to make transitional provisions or savings. (2) An order under that…

Sch. 13 para. 3

(1) The Director may publish advice and information explaining provisions of this Schedule to persons who are likely to be affected by them. (2) Any advice or…

Sch. 13 para. 4

(1) The Secretary of State may, at any time during the interim period, make one or more orders for the purpose of providing block exemptions which are…

Sch. 13 para. 5

An agreement which— (a) is made during the interim period, and (b) satisfies the conditions set out in paragraphs (a), (c) and (d) of section 27A(1) of the…

Sch. 13 para. 6

In relation to agreements made during the interim period— (a) the Director is no longer under the duty to take proceedings imposed by section 1(2)(c) of the…

Sch. 13 para. 7

(1) Sub-paragraphs (2) to (4) apply in relation to agreements made during the interim period. (2) An application may be made to the Director in anticipation of…

Sch. 13 para. 8

(1) Proceedings in respect of an application which is made to the Court under any of the provisions mentioned in sub-paragraph (2), but which is not determined…

Sch. 13 para. 9

(1) An order in force immediately before the starting date under— (a) section 2(2), 29(1), 30(1), 33(4), 35(3) or 37(1) of the RTPA; or (b) section 25(2) of…

Sch. 13 para. 10

(1) This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act. (2) The Director is to continue on and after the starting…

Sch. 13 para. 11

(1) Even though section 3 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such…

Sch. 13 para. 12

(1) Even though section 26 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such…

Sch. 13 para. 13

(1) Even though section 35 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply in respect of a…

Sch. 13 para. 14

(1) The Chapter I prohibition does not apply to an agreement at any time when the agreement is the subject of continuing proceedings under the RTPA. (2) The…

Sch. 13 para. 15

(1) For the purposes of this Schedule “continuing proceedings” means proceedings in respect of an application made to the Court under the RTPA or the RPA, but…

Sch. 13 para. 16

Proceedings on an application for an order under section 4 of the RTPA are also continuing proceedings if— (a) leave to make the application is applied for…

Sch. 13 para. 17

Proceedings on an application for an order under section 16 or 17 of the RPA are also continuing proceedings if— (a) leave to make the application is applied…

Sch. 13 para. 18

(1) On an application made jointly to the Court by all the parties to any continuing proceedings, the Court must, if it is satisfied that the parties wish it…

Sch. 13 para. 19

(1) Except where this Chapter or Chapter IV provides otherwise, there is a transitional period, beginning on the starting date and lasting for one year, for…

Sch. 13 para. 20

(1) There is no transitional period for an agreement to the extent to which, immediately before the starting date, it is— (a) void under section 2(1) or…

Sch. 13 para. 21

In the case of an agreement which is the subject of continuing proceedings under the RTPA, the transitional period begins— (a) if the proceedings are…

Sch. 13 para. 22

(1) In the case of an agreement relating to goods which are the subject of continuing proceedings under the RPA, the transitional period for the exempt…

Sch. 13 para. 23

(1) To the extent to which an agreement contains provisions which, immediately before the starting date, are provisions which the Court has found not to be…

Sch. 13 para. 24

(1) In the case of an agreement relating to goods which, immediately before the starting date, are exempt under section 14 of the RPA, there is a transitional…

Sch. 13 para. 25

(1) This paragraph applies to agreements— (a) which are subject to registration under the RTPA but which— (i) are not non-notifiable agreements within the…

Sch. 13 para. 26

(1) In the case of an agreement in respect of which— (a) … (b) a direction under section 194A(3) of the Broadcasting Act 1990 (“the 1990 Act”) is in force…

Sch. 13 para. 27

In this Chapter “the relevant period” means the period beginning with the starting date and ending immediately before the fifth anniversary of that date.

Sch. 13 para. 28

(1) For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of a section 100 order, there is a transitional period—…

Sch. 13 para. 29

(1) There is a transitional period for an agreement (whether made before or after the starting date) relating to the generation, transmission or supply of…

Sch. 13 para. 30

(1) For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of section 62 or a section 62 order, there is a…

Sch. 13 para. 31

(1) There is a transitional period for an agreement of a description falling within section 62(2)(a) and (b) or section 62(2A)(a) and (b) which— (a) is…

Sch. 13 para. 32

(1) For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of an Article 41 order, there is a transitional period—…

Sch. 13 para. 33

(1) There is a transitional period for an agreement of a description falling within Article 41(1) which— (a) is specified, or is of a description specified, in…

Sch. 13 para. 34

(1) In this paragraph— “section 131” means section 131 of the Railways Act 1993 (“the 1993 Act”); “section 131 agreement” means an agreement— to which the RTPA…

Sch. 13 para. 35

(1) Subject to sub-paragraph (3), each of the regulators may exercise, in respect of sectoral matters and concurrently with the Director, the functions of the…

Sch. 13 para. 36

(1) A party to an agreement for which there is a transitional period may apply to the Director, not less than three months before the end of the period, for…

Sch. 13 para. 37

(1) Subject to sub-paragraph (2), the Director may by a direction in writing terminate the transitional period for an agreement, but only in accordance with…

Sch. 13 para. 38

(1) If the Director is considering whether to give a direction under paragraph 37 (“a direction”), he may in writing require any party to the agreement…

Sch. 13 para. 39

(1) The Director must specify in a direction under paragraph 37 (“a direction”) the date on which it is to have effect (which must not be less than 28 days…

Sch. 13 para. 40

(1) If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has…

Sch. 13 para. 41

(1) In this paragraph— “the 1973 Act” means the Fair Trading Act 1973; “agreement” means an agreement entered into before the date on which the repeal of the…

Sch. 13 para. 42

(1) The repeals made by section 1 do not affect any proceedings in respect of an application which is made to the Court under Part III of the Fair Trading Act…

Sch. 13 para. 43

(1) Subject to sub-paragraph (2), an undertaking accepted by the Director under section 4 or 9 of the Competition Act 1980 ceases to have effect on the coming…

Sch. 13 para. 44

The repeals made by section 1 do not affect— (a) the operation of section 25 of the Competition Act 1980 in relation to an application under section 1(3) of…

Sch. 13 para. 45

(1) Section 55 of this Act applies in relation to information which, immediately before the starting date, is subject to section 41 of the RTPA as it applies…

Sch. 13 para. 46

If it appears to the Lord Chancellor that a person who ceases to be a non-judicial member of the Court as a result of this Act should receive compensation for…