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Introductory Text |
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Part 1 General functions of the CMA (ss. 1-11) |
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Establishment of OFT (ss. 1-4) |
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1. The Office of Fair Trading |
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2. The Director General of Fair Trading |
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3. Annual plan |
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4. Annual and other reports |
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General functions of CMA (ss. 5-8A) |
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5. Acquisition of information etc. |
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6. Provision of information etc. to the public |
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7. Provision of information and advice to Ministers etc. |
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8. Promoting good consumer practice |
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8A. Exclusion of public consumer advice scheme |
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Miscellaneous (ss. 9-11) |
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9. Repeal of certain powers of direction |
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10. Part 2 of the 1973 Act |
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11. Super-complaints to OFT |
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Part 2 The Competition Appeal Tribunal (ss. 12-21) |
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The Competition Appeal Tribunal (ss. 12-16) |
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12. The Competition Appeal Tribunal |
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13. The Competition Service |
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14. Constitution of Tribunal for particular proceedings and its decisions |
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15. Tribunal rules |
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16. Transfers of certain proceedings to and from Tribunal |
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Proceedings under Part 1 of 1998 Act (ss. 17-19) |
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17. Third party appeals |
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18. Monetary claims |
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19. Claims on behalf of consumers |
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Other amendments of 1998 Act (ss. 20-21) |
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20. Findings of infringements |
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21. Amendment of 1998 Act relating to the Tribunal |
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Part 3 Mergers (ss. 22-130) |
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Chapter 1 Duty to make references (ss. 22-41B) |
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Duty to make references: completed mergers (ss. 22-32) |
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22. Duty to make references in relation to completed mergers |
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23. Relevant merger situations |
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23A. Relevant enterprises |
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24. Time-limits and prior notice |
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25. Extension of time-limits |
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26. Enterprises ceasing to be distinct enterprises |
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27. Time when enterprises cease to be distinct |
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28. Turnover test |
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29. Obtaining control by stages |
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30. Relevant customer benefits |
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31. Information powers in relation to completed mergers |
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32. Supplementary provision for purposes of section 25 |
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Duty to make references: anticipated mergers (ss. 33-34) |
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33. Duty to make references in relation to anticipated mergers |
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34. Supplementary provision in relation to anticipated mergers |
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Supplementary provision: time-limits for decisions about references (ss. 34ZA-34ZF) |
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34ZA. Time-limits for decisions about references |
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34ZB. Extension of time-limits |
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34ZC. Sections 34ZA and 34ZB: supplementary |
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34ZD. Fast-track reference requests |
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34ZE. Fast-track reference requests: procedure |
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34ZF. Acceptance by the CMA of fast-track reference requests |
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Cases referred by European Commission under EC Merger Regulation (ss. 34A-34B) |
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34A. Duty of CMA where case referred by the European Commission |
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34B. Power to request information in referred cases |
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Determination of references (ss. 35-41B) |
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34C. Functions to be exercised by CMA groups |
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35. Questions to be decided in relation to completed mergers |
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36. Questions to be decided in relation to anticipated mergers |
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37. Cancellation and variation of references under section 22 or 33 |
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38. Investigations and reports on references under section 22 or 33 |
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39. Time-limits for investigations and reports |
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40. Section 39: supplementary |
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41. Duty to remedy effects of completed or anticipated mergers |
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41A. Time-limit for discharging duty under section 41 |
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41B. Section 41A: supplementary |
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Chapter 2 Public interest cases (ss. 42-58A) |
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Power to make references (ss. 42-46) |
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42. Intervention by Secretary of State in certain public interest cases |
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43. Intervention notices under section 42 |
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44. Investigation and report by CMA |
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44A. Additional investigation and report by OFCOM: media mergers |
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45. Power of Secretary of State to refer matter to CMA |
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46. References under section 45: supplementary |
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Cases referred by European Commission under the EC Merger Regulation (ss. 46A-46C) |
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46A. Cases referred by the European Commission where intervention notice is in force |
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46B. Extension of preliminary assessment period |
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46C. Power to request information in referred cases |
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Reports on references (ss. 46D-53) |
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46D. Functions to be exercised by CMA groups |
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47. Questions to be decided on references under section 45 |
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48. Cases where references or certain questions need not be decided |
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49. Variation of references under section 45 |
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50. Investigations and reports on references under section 45 |
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51. Time-limits for investigations and reports by CMA |
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52. Section 51: supplementary |
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53. Restrictions on action where public interest considerations not finalised |
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Decisions of the Secretary of State (ss. 54-55) |
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54. Decision of Secretary of State in public interest cases |
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55. Enforcement action by Secretary of State |
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Other (ss. 56-58A) |
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56. Competition cases where intervention on public interest grounds ceases |
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57. Duties of CMA and OFCOM to inform Secretary of State |
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58. Specified considerations |
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58A. Construction of consideration specified in section 58(2C) |
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Chapter 3 Other special cases (ss. 59-70) |
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Special public interest cases (ss. 59-66) |
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59. Intervention by Secretary of State in special public interest cases |
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59A. Construction of conditions in section 59(3C) and (3D) |
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60. Special intervention notices under section 59 |
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61. Initial investigation and report by CMA |
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61A. Additional investigation and report by OFCOM: certain media mergers |
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62. Power of Secretary of State to refer the matter |
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62A. Functions to be exercised by CMA groups |
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63. Questions to be decided on references under section 62 |
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64. Cancellation and variation of references under section 62 |
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65. Investigations and reports on references under section 62 |
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66. Decision and enforcement action by Secretary of State |
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European mergers (ss. 67-68) |
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67. Intervention to protect legitimate interests |
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68. Scheme for protecting legitimate interests |
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Mergers of energy network enterprises in Great Britain (ss. 68A-68F) |
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68A. Relevant merger situations involving energy network mergers |
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68B. Further duty to make references in relation to completed mergers |
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68C. Further duty to make references in relation to anticipated mergers |
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68D. Opinion of the Gas and Electricity Markets Authority |
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68E. Combined references |
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68F. Modification of this Part |
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Other (69-70) |
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69. Newspaper mergers |
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70. Water mergers |
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Chapter 3A Mergers involving newspaper enterprises and foreign powers (ss. 70A-70G) |
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70A. Intervention by the Secretary of State |
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70B. Investigation and report by the CMA |
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70C. Intervention to prevent foreign control of a newspaper enterprise |
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70D. Other powers under this Part |
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70E. Meaning of "foreign power" |
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70F. Other interpretation |
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70G. Regulations |
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Chapter 4 Enforcement (ss. 71-95A) |
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Powers exercisable before references under section 22, 33, 68B or 68C (ss. 71-76) |
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71. Initial undertakings: completed mergers |
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72. Initial enforcement orders: completed or anticipated mergers |
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73. Undertakings in lieu of references under section 22(1), 33(1), 68B or 68C |
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73A. Time-limits for consideration of undertakings |
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73B. Section 73A: supplementary |
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74. Effect of undertakings under section 73 |
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75. Order-making power where undertakings under section 73 not fulfilled etc. |
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76. Supplementary interim order-making power |
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Interim restrictions and powers (ss. 77-81) |
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77. Restrictions on certain dealings: completed mergers |
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78. Restrictions on certain share dealings: anticipated mergers |
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79. Sections 77 and 78: further interpretation provisions |
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80. Interim undertakings |
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81. Interim orders |
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Final powers (ss. 82-84) |
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82. Final undertakings |
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83. Order-making power where final undertakings not fulfilled |
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84. Final orders |
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Public interest and special public interest cases (s. 85) |
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85. Enforcement regime for public interest and special public interest cases |
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Undertakings and orders: general provisions (ss. 86-91) |
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86. Enforcement orders: general provisions |
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87. Delegated power of directions |
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88. Contents of certain enforcement orders |
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89. Acceptance and subject-matter of undertakings |
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90. Procedural requirements for certain undertakings and orders |
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91. Register of undertakings and orders |
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Enforcement functions of CMA (ss. 92-93) |
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92. Duty of CMA to monitor undertakings and orders |
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93. Further role of CMA in relation to undertakings and orders |
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Other (ss. 94-95A) |
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94. Rights to enforce undertakings and orders |
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94AA. Enforcement of undertakings and orders: imposition of penalties |
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94AB. Penalties under section 94AA: amount |
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94B. Statement of policy in relation to functions under sections 94 and 94AA |
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95. Rights to enforce statutory restrictions |
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Transferred EU merger commitments (ss. 95A-95B) |
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95A Transferred EU merger commitments |
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95B Power of directions in connection with transferred EU merger commitments |
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Chapter 5 Supplementary (ss. 96-130) |
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Merger notices (ss. 96-102) |
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96. Merger notices |
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97. Period for considering merger notices |
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98. Section 97: supplementary |
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99. Certain functions of CMA in relation to merger notices |
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100. Exceptions to protection given by merger notices |
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101. Merger notices: regulations |
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102. Power to modify sections 97 to 101 |
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General duties in relation to references (ss. 103-104A) |
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103. Duty of expedition in relation to references under section 45 or 62 |
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104. Certain duties of relevant authorities to consult |
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104A. Public consultation in relation to media mergers |
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Information and publicity requirements (ss. 105-108) |
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105. General information duties of CMA and Commission |
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106. Advice and information about references under section 22, 33, 68B or 68C |
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106A. Advice and information in relation to media mergers |
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106B. General advisory functions of OFCOM |
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107. Further publicity requirements |
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108. Defamation |
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Investigation powers (ss. 109-117) |
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109. Attendance of witnesses and production of documents etc. |
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109A Transferred EU merger commitments: witnesses, documents etc |
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109B. Extra-territorial application of notices under section 109 |
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110. Enforcement of powers under section 109: imposition of penalties |
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110A. Restriction on powers to impose penalties under section 110 |
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110B. Section 110A: supplementary provision |
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111. Penalties: amount |
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112. Penalties: main procedural requirements |
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113. Payments and interest by instalments |
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114. Appeals in relation to penalties |
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115. Recovery of penalties |
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116. Statement of policy |
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116A. Intentional destruction etc of documents |
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117. False or misleading information |
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Reports (ss. 118-119) |
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118. Excisions from reports |
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119. Minority reports of CMA |
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Further provision about media mergers (ss. 119A-119B) |
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119A. Other general functions of OFCOM in relation to this Part |
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119B. Monitoring role for CMA in relation to media mergers |
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Miscellaneous (ss. 120-123) |
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120. Review of decisions under Part 3 |
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121. Fees |
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122. Primacy of Community law |
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123. Power to alter conditions for a relevant merger situation |
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Other (ss. 124-130) |
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124. Orders and regulations under Part 3 |
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125. Offences by bodies corporate |
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126. Service of documents by the CMA, OFCOM or the Secretary of State |
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127. Associated persons |
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128. Supply of services and market for services etc. |
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129. Other interpretation provisions |
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130. Index of defined expressions |
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Part 4 Market Studies and Market Investigations (ss. 130A-184) |
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Chapter 1 Market Studies and Market investigation references (ss. 130A-138) |
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Market studies (s. 130A) |
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130A. Duty to publish market study notice |
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Making of references (ss. 131-133) |
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131. Power of CMA to make references |
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131A. Decisions about references under section 131: consultation |
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131B. Market studies and the making of decisions to refer: time-limits etc |
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131C. Time-limits under section 131B: supplementary |
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132. Ministerial power to make references |
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133. Contents of references |
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Determination of references (ss. 133A-138B) |
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133A. Functions to be exercised by CMA groups |
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134. Questions to be decided on market investigation references |
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135. Variation of market investigation references |
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136. Investigations and reports on market investigation references |
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137. Time-limits for market investigations and reports |
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138. Duty to remedy adverse effects |
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138A. Time-limits for discharging duty under section 138 |
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138B. Section 138A: supplementary |
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Chapter 2 Public interest cases (ss. 139-153) |
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Intervention notices (ss. 139) |
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139. Public interest intervention by Secretary of State |
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Intervention notices under section 139(1) (ss. 140-148A) |
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140. Intervention notices under section 139(1) |
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140A. Section 139(1) intervention notices: Secretary of State's duty to refer |
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140B. Variation of restricted PI references and full PI references |
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141. Restricted PI references: questions to be decided by CMA |
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141A. Full PI references: questions to be decided by CMA |
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141B. Full PI references: power of Secretary of State to appoint expert |
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142. Investigations and reports by CMA |
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143. Restricted PI references: publication etc of reports of CMA |
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143A. Full PI references: publication etc of reports of CMA |
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144. Time-limits for investigations and reports: Part 4 |
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145. Restrictions where public interest considerations notfinalised: Part 4 |
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146. Restricted PI references: Decision of Secretary of State |
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146A. Full PI references: decision of Secretary of State |
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147. Restricted PI references: Remedial action by Secretary of State |
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147A. Full PI references: remedial action by Secretary of State |
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148. Restricted PI references: reversion of the matter to CMA |
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148A. Full PI references: reversion of the matter to CMA |
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Intervention notices under section 139(2) (ss. 149-150) |
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149. Intervention notices under section 139(2) |
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150. Power of veto of Secretary of State |
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Other (ss. 151-153) |
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151. Public interest intervention cases: interaction with general procedure |
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152. Certain duties of CMA |
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153. Specified considerations: Part 4 |
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Chapter 3 Enforcement (ss. 154-167C) |
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⚠ Undertakings and orders (ss. 154-156) |
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154. Undertakings in lieu of market investigation references |
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Undertakings in lieu (ss. 154A-156) |
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154A. Undertakings fully or partially in lieu of references or reports |
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155. Undertakings in lieu: procedural requirements |
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156. Effect of undertakings under in lieu |
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Interim undertakings and orders (ss. 157-158) |
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157. Interim undertakings: Part 4 |
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158. Interim orders: Part 4 |
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Final undertakings and orders (ss. 159-161A) |
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159. Final undertakings: Part 4 |
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160. Order-making power where final undertakings not fulfilled: Part 4 |
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161. Final orders: Part 4 |
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161A. Acceptance of enforcement undertakings: Part 4 |
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Implementation trials of final orders and undertakings (ss. 161B-161E) |
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161B. Implementation trials: purpose and interpretation |
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161C. Power to conduct implementation trials |
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161D. Implementation trials: notices |
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161E. Implementation trials: supplementary |
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Undertakings and orders: monitoring, consultation and advice (ss. 162-163) |
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162. Duty of CMA to monitor the carrying out of undertakings and orders: Part 4 |
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162A. Duty of CMA to monitor effectiveness of undertakings and orders: Part 4 |
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162B. Power to vary etc undertakings and orders: implementation trials |
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163. Role of CMA in relation to undertakings and orders in public interest cases: Part 4 |
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Supplementary (ss. 164-167C) |
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164. Enforcement undertakings and orders under this Part: general provisions |
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165. Procedural requirements for certain undertakings and orders:Part 4 |
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166. Register of undertakings and orders: Part 4 |
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167. Rights to enforce undertakings and orders under this Part |
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167A. Enforcement of undertakings and orders etc: imposition of penalties |
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167B. Penalties under section 167A: amount |
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167C. Statement of policy in relation to functions under sections 167 and 167A |
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Chapter 4 Supplementary (ss. 168-184) |
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Regulated markets (s. 168) |
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⚠ 168. Regulated markets |
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Consultation, information and publicity (ss. 169-173) |
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169. Certain duties of relevant authorities to consult: Part 4 |
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170. General information duties |
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171. Advice and information: Part 4 |
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172. Further publicity requirements: Part 4 |
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173. Defamation: Part 4 |
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Investigation powers (ss. 174-176) |
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174. Attendance of witnesses and production of documents etc. |
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174ZA. Extra-territorial application of notices under section 174 |
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174A. Enforcement of powers under section 174: imposition of penalties |
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174B. Restriction on powers to impose penalties under section 174A |
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174C. Section 174B: supplementary provision |
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174D. Penalties: amount |
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174E. Statement of policy on penalties |
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175. Enforcement of powers under section 174: offences |
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176. Investigation powers of the Commission |
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Reports (ss. 177-178) |
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177. Excisions from reports etc: Part 4 |
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178. Minority reports of CMA: Part 4 |
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Other (ss. 179-184) |
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179. Review of decisions under Part 4 |
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180. Offences |
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181. Orders and regulations under Part 4 |
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182. Service of documents: Part 4 |
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183. Interpretation: Part 4 |
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184. Index of defined expressions: Part 4 |
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Part 5 The Competition Commission (ss. 185-187) |
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185. The Commission |
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186. Annual report of Commission |
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187. Commission rules of procedure |
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Part 6 Cartel offence (ss. 188-202) |
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Cartel offence (ss. 188-191) |
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188. Cartel offence |
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188A. Circumstances in which cartel offence not committed |
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188B. Defences to commission of cartel offence |
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189. Cartel offence: supplementary |
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190. Cartel offence: penalty and prosecution |
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190A. Cartel offence: prosecution guidance |
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191. Extradition |
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Criminal investigations by OFT (ss. 192-202) |
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192. Investigation of offences under section 188 |
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193. Powers when conducting an investigation |
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194. Power to enter premises under a warrant |
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195. Exercise of powers by authorised person |
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196. Privileged information etc. |
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197. Restriction on use of statements in court |
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198. Use of statements obtained under Competition Act 1998 |
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199. Surveillance powers |
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200. Authorisation of action in respect of property |
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201. Offences |
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202. Interpretation of sections 192 to 201 |
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Part 7 Miscellaneous Competition Provisions (ss. 203-209) |
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Powers of entry under 1998 Act (s. 203) |
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203. Powers of entry |
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Directors disqualification (s. 204) |
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204. Disqualification |
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Miscellaneous (ss. 205-209) |
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205. Super-complaints to regulators other than CMA |
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206. Power to modify Schedule 8 |
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207. Repeal of Schedule 4 to the 1998 Act |
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208. Repeal of Part 6 of Fair Trading Act 1973 |
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209. Reform of EU competition law |
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Part 8 Enforcement of certain consumer legislation (ss. 210-236) |
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Introduction (ss. 210-213) |
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210. Consumers |
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211. Domestic infringements |
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212. Schedule 13 infringements |
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213. Enforcers |
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Enforcement orders and interim enforcement orders (ss. 214-218) |
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214. Consultation |
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215. Applications |
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216. Applications: directions by CMA |
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217. Enforcement orders |
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218. Interim enforcement order |
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Online interface orders and interim online interface orders (ss. 218ZA-218ZD) |
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218ZA. Applications |
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218ZB. Online interface orders |
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218ZC. Interim online interface orders |
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218ZD. Online interface orders: supplementary |
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Enforcement procedure: supplementary (ss. 218A-223) |
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218A. Unfair commercial practices: substantiation of claims |
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219. Undertakings |
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219A. Definition of enhanced consumer measures |
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219B. Inclusion of enhanced consumer measures etc. |
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219C. Availability of enhanced consumer measures to private enforcers |
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220. Further proceedings |
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221. Community infringements: proceedings |
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222. Bodies corporate: accessories |
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223. Bodies corporate: orders |
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Information (ss. 224-227F) |
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224. CMA |
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225. Other enforcers |
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226. Notices: procedure |
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227. Notices: enforcement |
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227A. Power to enter premises without warrant |
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227B. Powers exercisable on the premises |
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227C. Power to enter premises with warrant |
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227D. Ancillary provisions about powers of entry |
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227E. Obstructing, or failing to co-operate with, powers of entry |
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227F. Retention of documents and goods |
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Miscellaneous (ss. 223A-231) |
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223A. Investigatory powers |
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228. Evidence |
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229. Advice and information |
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230. Notice to OFT of intended prosecution |
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231. Notice of convictions and judgments to CMA |
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Interpretation (ss. 232-235B) |
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232. Goods and services |
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233. Person supplying goods |
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234. Supply of services |
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235. Injunctions Directive |
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235A. CPC Regulation |
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235B. Dual enforcers |
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Crown (s. 236) |
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236. Crown |
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Part 9 Information (ss. 237-247) |
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Restrictions on disclosure (ss. 237-238) |
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237. General restriction |
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238. Information |
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Permitted disclosure (ss. 239-244) |
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239. Consent |
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240. Community obligations |
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241. Statutory functions |
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241A. Civil proceedings |
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242. Criminal proceedings |
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243. Overseas disclosures [Substituted with new ss. 243A-243F] |
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243A. Overseas disclosures for both overseas and domestic purposes |
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243B. Overseas disclosures for overseas purposes only |
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243C. Overseas disclosures for designated cooperation arrangement purposes |
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243D. Use and further disclosure of information disclosed under sections 243A and 243B |
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243E. Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B |
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243F Relevant considerations relating to overseas disclosures under sections 243A and 243B |
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244. Specified information: considerations relevant to disclosure |
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Offences (s. 245) |
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245. Offences |
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General (ss. 246-247) |
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246A. Interpretation |
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247. Repeals |
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Part 10 Insolvency (ss. 248-272) |
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Companies etc. (ss. 248-255) |
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248. Replacement of Part II of Insolvency Act 1986 |
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249. Special administration regimes |
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250. Prohibition of appointment of administrative receiver |
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251. Abolition of Crown preference |
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252. Unsecured creditors |
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253. Liquidator's powers |
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254. Application of insolvency law to foreign company |
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255. Application of law about company arrangement or administration to non-company |
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Individuals (ss. 256-269) |
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256. Duration of bankruptcy |
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257. Post-discharge restrictions |
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258. Investigation by official receiver |
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259. Income payments order |
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260. Income payments agreement |
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261. Bankrupt's home |
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262. Powers of trustee in bankruptcy |
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263. Repeal of certain bankruptcy offences |
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264. Individual voluntary arrangement |
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265. Disqualification from office: justice of the peace |
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266. Disqualification from office: Parliament |
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267. Disqualification from office: local government |
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268. Disqualification from office: general |
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269. Minor and consequential amendments |
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Money (ss. 270-272) |
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270. Fees |
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271. Insolvency Services Account: interest |
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272. Insolvency Services Accounts |
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Part 11 Supplementary (ss. 273-281) |
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273. Interpretation |
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274. Provision of financial assistance for consumer purposes |
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275. Financial provision |
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276. Transitional or transitory provision and savings |
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277. Power to make consequential amendments etc. |
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278. Minor and consequential amendments and repeals |
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279. Commencement |
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280. Extent |
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281. Short title |
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Schedule 1 The Office of Fair Trading |
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Schedule 2 The Competition Appeal Tribunal |
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Schedule 3 The Competition Service |
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Schedule 3, Part 1 Constitution etc. (paras. 1-12) |
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Schedule 3, Part 2 Transfers of property etc. between the Commission and the Service (paras. 13-16) |
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Schedule 3, Part 3 Miscellaneous (paras. 17-18) |
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Schedule 4 Tribunal: procedure |
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⚠ Schedule 4, Part 1 General (paras. 1-8) |
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⚠ Schedule 4, Part 2 Tribunal rules (paras. 9-26) |
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Schedule 5 Proceedings under Part 1 of the 1998 Act |
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Schedule 5A Energy network mergers affecting comparative regulation: modification of Chapter 1 of Part 3 |
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Schedule 6 Schedule to be inserted in the Water Industry Act 1991 |
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Schedule 6A Determination of when a foreign state newspaper merger situation has been created |
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Schedule 6B Control or influence of a person by a foreign power |
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Schedule 6B, Part 1 Conditions for control or influence (paras. 1-2) |
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Schedule 6B, Part 2 Interpretation (paras. 3-14) |
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Schedule 6B, Part 3 Power to amend circumstances in which there is control or influence (para. 15) |
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Schedule 7 Enforcement regime for public interest and special public interest cases |
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Schedule 8 Provision that may be contained incertain enforcement orders |
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Schedule 9 Certain amendments of sectoral enactments |
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Schedule 9, Part 1 Power of enforcement orders to amend licence conditions etc. (paras. 1-15) |
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Schedule 9, Part 2 Application of Part 4 of this Act to sectoral regulators (paras. 16-26) |
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Schedule 10 Procedural requirements for certain enforcement undertakings and orders |
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Schedule 11 The Competition Commission |
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Schedule 12 Competition Commission: certain procedural rules |
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Schedule 13 Listed enactments |
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Schedule 13 Listed enactments (paras. 1-29) |
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Schedule 13, Part 2 Provisions of directives and Regulations (paras. 10-16) [Substituted with Schedule 13] |
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⚠ Schedule 14 Specified functions |
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⚠ Schedule 15 Enactments conferring functions |
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Schedule 16 Schedule B1 to Insolvency Act 1986 |
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Schedule 17 Administration: minor and consequential amendments |
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Schedule 18 Schedule 2A to Insolvency Act 1986 |
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Schedule 19 Duration of bankruptcy: transitional provisions |
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Schedule 20 Schedule 4A to Insolvency Act 1986 |
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Schedule 21 Effect of bankruptcy restrictions order and undertaking |
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Schedule 22 Individual voluntary arrangement |
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Schedule 23 Individual insolvency: minor and consequential amendments |
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Schedule 24 Transitional and transitory provisions and savings |
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Schedule 25 Minor and consequential amendments |
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Schedule 26 Repeals and revocations |
