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Competition Act 1998

1998 CHAPTER 41

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Competition

    1. Chapter I

      Agreements

      1. Introduction

        1. 1. Enactments replaced.

      2. The prohibition

        1. 2. Agreements etc. preventing, restricting or distorting competition.

      3. Excluded agreements

        1. 3. Excluded agreements.

      4. Exemptions

        1. 4. Individual exemptions.

        2. 5. Cancellation etc. of individual exemptions.

        3. 6. Block exemptions.

        4. 7. Block exemptions: opposition.

        5. 8. Block exemptions: procedure.

        6. 9. The criteria for individual and block exemptions.

        7. 10. Parallel exemptions.

        8. 11. Exemption for certain other agreements.

      5. Notification

        1. 12. Requests for Director to examine agreements.

        2. 13. Notification for guidance.

        3. 14. Notification for a decision.

        4. 15. Effect of guidance.

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

    2. Chapter II

      Abuse of Dominant Position

      1. Introduction

        1. 17. Enactments replaced.

      2. The prohibition

        1. 18. Abuse of dominant position.

      3. Excluded cases

        1. 19. Excluded cases.

      4. Notification

        1. 20. Requests for Director to consider conduct.

        2. 21. Notification for guidance.

        3. 22. Notification for a decision.

        4. 23. Effect of guidance.

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

    3. Chapter III

      Investigation and Enforcement

      1. Investigations

        1. 25. Director’s power to investigate.

        2. 26. Powers when conducting investigations.

        3. 27. Power to enter premises without a warrant.

        4. 28. Power to enter premises under a warrant.

        5. 29. Entry of premises under warrant: supplementary.

        6. 30. Privileged communications.

        7. 31. Decisions following an investigation.

      2. Enforcement

        1. 32. Directions in relation to agreements.

        2. 33. Directions in relation to conduct.

        3. 34. Enforcement of directions.

        4. 35. Interim measures.

        5. 36. Penalty for infringing Chapter I or Chapter II prohibition.

        6. 37. Recovery of penalties.

        7. 38. The appropriate level of a penalty.

        8. 39. Limited immunity for small agreements.

        9. 40. Limited immunity in relation to the Chapter II prohibition.

        10. 41. Agreements notified to the Commission.

      3. Offences

        1. 42. Offences.

        2. 43. Destroying or falsifying documents.

        3. 44. False or misleading information.

    4. Chapter IV

      The Competition Commission and Appeals

      1. The Commission

        1. 45. The Competition Commission.

      2. Appeals

        1. 46. Appealable decisions.

        2. 47. Third party appeals.

        3. 48. Appeal tribunals.

        4. 49. Appeals on point of law etc.

    5. Chapter V

      Miscellaneous

      1. Vertical agreements and land agreements

        1. 50. Vertical agreements and land agreements.

      2. Director’s rules, guidance and fees

        1. 51. Rules.

        2. 52. Advice and information.

        3. 53. Fees.

      3. Regulators

        1. 54. Regulators.

      4. Confidentiality and immunity from defamation

        1. 55. General restrictions on disclosure of information.

        2. 56. Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.

        3. 57. Defamation.

      5. Findings of fact by Director

        1. 58. Findings of fact by Director.

      6. Interpretation and governing principles

        1. 59. Interpretation.

        2. 60. Principles to be applied in determining questions.

  2. Part II

    Investigations in relation to Articles 85 and 86

    1. 61. Introduction.

    2. 62. Power to enter premises: Commission investigations.

    3. 63. Power to enter premises: Director’s special investigations.

    4. 64. Entry of premises under sections 62 and 63: supplementary.

    5. 65. Offences.

  3. Part III

    Monopolies

    1. 66. Monopoly investigations: general.

    2. 67. Offences.

    3. 68. Services relating to use of land.

    4. 69. Reports: monopoly references.

  4. Part IV

    Supplemental and Transitional

    1. 70. Contracts as to patented products etc.

    2. 71. Regulations, orders and rules.

    3. 72. Offences by bodies corporate etc.

    4. 73. Crown application.

    5. 74. Amendments, transitional provisions, savings and repeals.

    6. 75. Consequential and supplementary provision.

    7. 76. Short title, commencement and extent.

  5. Schedules:

    1. Schedule 1

      Exclusions: Mergers and Concentrations.

      1. Part I

        Mergers.

      2. Part II

        Concentrations subject to EC controls.

    2. Schedule 2

      Exclusions: Other Competition Scrutiny.

      1. Part I

        Financial Services.

      2. Part II

        Companies.

      3. Part III

        Broadcasting.

      4. Part IV

        Environmental Protection.

    3. Schedule 3

      General Exclusions.

    4. Schedule 4

      Professional Rules.

      1. Part I

        Exclusion.

      2. Part II

        Professional Services.

    5. Schedule 5

      Notification under Chapter I: Procedure.

    6. Schedule 6

      Notification under Chapter II: Procedure.

    7. Schedule 7

      The Competition Commission.

      1. Part I

        General.

      2. Part II

        Performance of the Commission’s General Functions.

      3. Part III

        Appeals.

      4. Part IV

        Miscellaneous.

      5. Part V

        Transitional provisions.

    8. Schedule 8

      Appeals.

      1. Part I

        General.

      2. Part II

        Rules.

    9. Schedule 9

      Director’s Rules.

    10. Schedule 10

      Regulators.

      1. Part I

        Monopolies.

      2. Part II

        The Prohibitions.

      3. Part III

        The Prohibitions: Northern Ireland.

      4. Part IV

        Utilities: Minor and Consequential Amendments.

      5. Part V

        Minor and Consequential Amendments: Northern Ireland.

    11. Schedule 11

      Interpretation of Section 55.

    12. Schedule 12

      Minor and Consequential Amendments.

    13. Schedule 13

      Transitional Provisions and Savings.

      1. Part I

        General.

      2. Part II

        During the Interim Period.

      3. Part III

        On the Starting Date.

      4. Part IV

        On and After the Starting Date.

      5. Part V

        The Fair Trading Act 1973.

      6. Part VI

        The Competition Act 1980.

      7. Part VII

        Miscellaneous.

    14. Schedule 14

      Repeals and Revocations.

      1. Part I

        Repeals.

      2. Part II

        Revocations.

An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations conducted in connection with Article 85 or 86 of the treaty establishing the European Community; to amend the Fair Trading Act 1973 in relation to information which may be required in connection with investigations under that Act; to make provision with respect to the meaning of “supply of services” in the Fair Trading Act 1973; and for connected purposes.

[9th November 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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