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The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

Consolidated Text As Enacted Cited authorities 42 Cited in Amendments 97 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2004/1261
  • for the purposes of regulation 4 as it gives effect to paragraphs 50(a) and 54(8) of Schedule 1, on 1st May 2007; and
  • for all other purposes, on 1st May 2004.
  • In these Regulations—
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • The amendments to the 1998 Act specified in Schedule 1 to these Regulations shall have effect.
  • The amendments to other enactments specified in Schedule 2 to these Regulations shall have effect.
    • (1) Paragraph (2) applies if an individual exemption from the prohibition imposed by section 2(1) of the 1998 Act has been granted before the appointed day and has not expired or been cancelled before that day.(2) The repeals made by these Regulations do not affect that exemption (or a condition or an obligation relating to it) ; but this does not allow the OFT, on or after the appointed day, to extend that exemption under section 4(6) of the 1998 Act.(3) Section 5 of the 1998 Act, despite its repeal by these Regulations, shall continue in effect while any individual exemption has effect.(4) In this regulation “individual exemption” means an exemption granted under section 4 of the 1998 Act (including one granted by virtue of paragraph 3(2) (c) of Schedule 8 to that Act) .(1) Paragraph (2) applies if, before the appointed day, the European Commission adopted a decision pursuant to Article 81(3) of the Treaty in relation to an agreement and that decision has not expired or been revoked.(2) Section 10 of the 1998 Act has effect in relation to the agreement without the amendment made by paragraph 7(2) of Schedule 1.(3) Section 2(5) of the 1998 Act applies to this regulation as it applies to Part 1 of that Act.(1) This regulation applies where, before the appointed day, the OFT has made a decision falling within paragraph (c) , (d) or (e) of section 46(3) , or has made a decision falling within paragraph (f) of section 46(3) in relation to an individual exemption.(2) This regulation also applies where, on or after the appointed day, the F17CMA (by virtue of regulation 6) makes under section 5 of the 1998 Act a decision falling within paragraph (d) (i) or (ii) or (f) of section 46(3) .sections 46 and 47 of and Schedule 8 to the 1998 Act shall have effect in relation to the decision in question without the amendments made by these Regulations; andon an appeal in respect of that decision, the powers under paragraph 3(2) of Schedule 8 to that Act are not affected by the repeal by these Regulations of section 4 or 5 of this Act; but this does not allow the Competition Appeal Tribunal, on or after the appointed day, to extend the individual exemption.references to section 46(3) are to section 46(3) of the 1998 Act as that subsection had effect before the appointed day; and“individual exemption” has the same meaning as in regulation 6.an agreement has been notified before the appointed day to the OFT under section 13 or 14 of the 1998 Act and, on the appointed day, the OFT has not determined the application made in respect of the agreement, oran agreement has been notified before the appointed day to the European Commission for a decision as to whether an exemption will be granted under Article 81(3) of the Treaty with respect to the agreement and, on the appointed day, the European Commission has not determined the matter.(2) No penalty may be imposed under Part 1 of the 1998 Act in respect of any infringement of the Chapter I prohibition by the agreement which occurred during the period beginning with the date on which notification was given and ending with the appointed day.
  • Where section 5 of the 1998 Act continues to have effect by virtue of regulation 6, paragraph 6 of Schedule 9 to that Act shall continue to have effect despite its repeal by these Regulations.
    • (1) In the long title of the 1998 Act, for “Article 85 or 86” there is substituted “ Article 81 or 82 ”.(2) Section 4 (individual exemptions) shall cease to have effect.(3) Section 5 (cancellation etc. of individual exemptions) shall cease to have effect.Section 6 (block exemptions) is amended as follows.In subsection (1) , for the words “agreements to which section 9 applies” there is substituted “ exempt agreements ”.In subsection (6) (c) , for the words “one to which section 9 applies” there is substituted “ an exempt agreement ”.For subsection (8) there is substituted—
    • “(8) In this section—
      • “exempt agreement” means an agreement which is exempt from the Chapter I prohibition as a result of section 9; and“specified” means specified in a block exemption order.
    .    In this section—(5) Section 7 (block exemptions: opposition) shall cease to have effect.Section 9 (the criteria for individual and block exemptions) is renumbered as subsection (1) of that section.In that provision, for the words “This section applies to any agreement which” there is substituted “ An agreement is exempt from the Chapter I prohibition if it ”.In paragraph (a) of that provision, for the word “but” there is substituted “ and ”.After that provision there is inserted—
    • (2) In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.
    .    In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.In the sidenote to section 9, for the words “The criteria for individual and block exemptions” there is substituted “ Exempt agreements ”.Section 10 (parallel exemptions) is amended as follows.In subsection (1) , for paragraphs (b) and (c) there is substituted—
      or
    • (b) because of a decision of the Commission under Article 10 of the EC Competition Regulation.
    .    because of a decision of the Commission under Article 10 of the EC Competition Regulation.In subsection (9) , after the word “Regulation” there is inserted “ other than the EC Competition Regulation ”.In subsection (10) , in the definition of “the Community prohibition” for paragraph (a) there is substituted “ (a) Article 81(1) ; ”.Section 11 (exemption for certain other agreements) is amended as follows.for the words “Article 88” there is substituted “ Article 84 ”;for the words “Article 85” there is substituted “ Article 81(1) ”.(9) Sections 12 to 16 and 20 to 24 (which concern notifications) shall cease to have effect.(10) For Section 25 (OFT’s power to investigate) there is substituted—
      25 Power of OFT to investigate 
    • “(1) In any of the following cases, the OFT may conduct an investigation.
    • (2) The first case is where there are reasonable grounds for suspecting that there is an agreement which—
    • (a) may affect trade within the United Kingdom; and
    • (b) has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
    In any of the following cases, the OFT may conduct an investigation.may affect trade within the United Kingdom; andhas as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.may affect trade between Member States; andhas as its object or effect the prevention, restriction or distortion of competition within the Community.The third case is where there are reasonable grounds for suspecting that the Chapter II prohibition has been infringed.The fourth case is where there are reasonable grounds for suspecting that the prohibition in Article 82 has been infringed.may have affected trade within the United Kingdom; andhad as its object

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