Anti-Competitive Practices (Exclusions) Order 1980

JurisdictionUK Non-devolved
CitationSI 1980/979

1980 No. 979

COMPETITION

The Anti-Competitive Practices (Exclusions) Order 1980

14thJuly 1980

21stJuly 1980

12thAugust 1980

The Secretary of State, in exercise of the powers conferred upon him by section 2(3), (4) and (5) of the Competition Act 1980(a), and of all other powers enabling him in that behalf, hereby makes the following Order:—

1.—(1) This Order may be cited as the Anti-Competitive Practices (Exclusions) Order 1980 and shall come into operation on 12th August 1980.

(2) In this Order, "the Act" means the Competition Act 1980.

2. For the purposes of the Act, a course of conduct is excluded from constituting an anti-competitive practice if it is—

(a) a course of conduct described in Schedule 1 to this Order, or

(b) the course of conduct of a person (not being a local authority within the meaning of section 2(8) of the Act)—

(i) whose relevant annual turnover in the United Kingdom is less than £5 million, and

(ii) who enjoys less than one quarter of a relevant market, and

(iii) who is not a member of a group of inter-connected bodies corporate which has an aggregate annual turnover in the United Kingdom of £5 million or more or which enjoys one quarter or more of a relevant market;

and the provisions of Schedule 2 to this Order shall have effect for the purpose of determining whether a person is such a person as is described in subparagraph (b) above.

(a) 1980 c.21.

3. For the purposes of enabling the Director General of Fair Trading to establish whether any person's course of conduct is excluded by Article 2(b) above from constituting an anti-competitive practice, sections 44(2) and 46 of the Fair Trading Act 1973(a) (power of the Director to require information) shall apply, subject to the modifications that—

(a) the Director may exercise the power in section 44(2) in the circumstances mentioned in section 3(1) of the Act and for the purpose mentioned above instead of in the circumstances and for the purpose mentioned in section 44(1);

(b) where the Director exercises the said power for the purpose of establishing whether a person is one whose relevant annual turnover in the United Kingdom is less than £5 million, as mentioned in Article 2(b)(i) above, references in section 44(2) to any person shall be treated as references to that person and references in the said section to goods or services of a particular description shall be treated as references to any goods or services;

(c) where the Director exercises the said power for the purpose of establishing whether a person enjoys less than one quarter of a relevant market, as mentioned in Article 2(b)(ii) above, references in section 44(2) to goods or services of a particular description shall be treated as references to goods or services of a description in relation to which a person was or is pursuing a course of conduct in respect of which the question arises whether it is excluded by Article 2(b) above from being an anti-competitive practice;

(d) paragraphs (b) and (c) of section 44(2) shall not apply; and

(e) section 46(1) shall apply as if it related to the power conferred on the Director by section 44(2) as modified by this Article:

Provided that those sections shall not apply to enable the Director to establish whether a person is a member of such a group of interconnected bodies corporate as is described in Article 2(b)(iii) above, or whether a group is such a group as is so described.

Sally Oppenheim, Minister of State,

Department of Trade.

14th July 1980.

(a) 1973 c.41.

Article 2 (a)

SCHEDULE 1

Excluded courses of conduct

1. Any course of conduct which consists of—

(a) the inclusion in contracts for the supply of goods of conditions relating solely to the supply of those goods outside the United Kingdom...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT