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Competition Act 1998
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Changes over time for: Section 25
Changes to legislation:
Competition Act 1998, Section 25 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25A(1A) inserted by 2024 c. 13 Sch. 28 para. 9(3)
- s. 25B inserted by 2024 c. 13 s. 121(2)
- s. 25B(1)(a) words in s. 25B(1) renumbered as s. 25B(1)(a) by 2024 c. 13 Sch. 28 para. 10(2)(a)
- s. 25B(1)(b) and word inserted by 2024 c. 13 Sch. 28 para. 10(2)(b)
- s. 25B(2) words inserted by 2024 c. 13 Sch. 28 para. 10(3)
- s. 28(2)(g)-(i) inserted by 2024 c. 13 s. 122(3)(b)
- s. 28A(2)(g)-(i) words omitted by 2024 c. 13 s. 122(6)(b)
- s. 30(1A) inserted by 2024 c. 13 s. 122(7)
- s. 31A(2A) inserted by 2024 c. 13 Sch. 11 para. 2
- s. 31E(4) inserted by 2024 c. 13 Sch. 11 para. 3
- s. 31G-31L and cross-heading inserted by S.I. 2019/93, reg. 8A (as inserted) by S.I. 2019/1245 reg. 3 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 34(4) inserted by 2024 c. 13 Sch. 11 para. 5
- s. 40A(7)(d) inserted by 2024 c. 13 Sch. 28 para. 11
- s. 40B(5A) inserted by 2024 c. 13 Sch. 10 para. 10(5)
- s. 40ZD(3)(a) words in s. 40ZD(3) renumbered as s. 40ZD(3)(a) by 2024 c. 13 Sch. 10 para. 6(2)
- s. 40ZD(3)(b) and word inserted by 2024 c. 13 Sch. 10 para. 6(3)
- s. 40ZE inserted by 2024 c. 13 Sch. 10 para. 8
- s. 40ZE(1)(a) words inserted by 2024 c. 13 s. 121(3)
- s. 42(8) inserted by 2024 c. 13 Sch. 10 para. 11(3)
- s. 43(1A) inserted by 2024 c. 13 Sch. 10 para. 12
- s. 44(2A) inserted by 2024 c. 13 Sch. 10 para. 13
- s. 44A and cross-heading inserted by 2024 c. 13 Sch. 13 para. 2
- s. 44B inserted by 2024 c. 13 Sch. 13 para. 15
- s. 46(3)(ha)(hb) inserted by 2024 c. 13 s. 124(1)(a)
- s. 46(3)(ha)(hb) inserted by S.I. 2019/93, reg. 14(d) (as inserted) by S.I. 2019/1245 reg. 5 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 47(1)(ca) inserted by S.I. 2019/93, reg. 15(b) (as substituted) by S.I. 2019/1245 reg. 6 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 47A(3A) inserted by 2024 c. 13 Sch. 3 para. 3
- s. 47DA inserted by 2024 c. 13 Sch. 3 para. 4
- s. 49(1A)(c) and word inserted by 2024 c. 13 Sch. 3 para. 7(3)
- s. 60A(10) inserted by 2023 c. 28 s. 6(10)
- s. 109B inserted by 2024 c. 13 Sch. 13 para. 16
- Sch. 6A para. 1A inserted by S.I. 2019/93, reg. 29A(2) (as inserted) by S.I. 2019/1245 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 6A Pt. 3 inserted by S.I. 2019/93, reg. 29A(4) (as inserted) by S.I. 2019/1245 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 8A para. 15(1) Sch. 8A para. 15 renumbered as Sch. 8A para. 15(1) by 2024 c. 13 s. 126(2)(a)(i)
- Sch. 8A para. 7(2A) inserted by 2024 c. 13 s. 116(6)(a)
- Sch. 8A para. 15(2) inserted by 2024 c. 13 s. 126(2)(a)(iii)
- Sch. 8A para. 19(6A) inserted by 2024 c. 13 Sch. 3 para. 8(8)
- Sch. 8A para. 42(1)(a)(b) substituted for words by 2024 c. 13 Sch. 3 para. 8(11)
- Sch. 8A para. 15(1) word substituted by 2024 c. 13 s. 126(2)(a)(ii)
[F125Power of [F2CMA] to investigateU.K.
(1)In any of the following cases, the [F3CMA] 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.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The third case is where there are reasonable grounds for suspecting that the Chapter II prohibition has been infringed.
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The fifth case is where there are reasonable grounds for suspecting that, at some time in the past, there was an agreement which at that time—
(a)may have affected trade within the United Kingdom; and
(b)had as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Subsection (2) does not permit an investigation to be conducted in relation to an agreement if the [F7CMA] —
(a)considers that the agreement is exempt from the Chapter I prohibition as a result of a block exemption or [F8an assimilated] [F9exemption]; and
(b)does not have reasonable grounds for suspecting that the circumstances may be such that it could exercise its power to cancel the exemption.
F10(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)Subsection (6) does not permit an investigation to be conducted in relation to any agreement if the [F7CMA] considers that, at the time in question, the agreement was exempt from the Chapter I prohibition as a result of a block exemption or [F11an assimilated] [F12exemption].
F13(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)It is immaterial for the purposes of subsection (6) F14... whether the agreement in question remains in existence.]
Textual Amendments
F1S. 25 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 10
F2Word in s. 25 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 5(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in s. 25(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 5(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4S. 25(3) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F5S. 25(5) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 25(7) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in s. 25(8)-(11) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 5(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Words in s. 25(8)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(c)
F9Words in s. 25(8)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(3) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F10S. 25(9) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in s. 25(10) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(c)
F12Words in s. 25(10) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(5) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F13S. 25(11) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(6) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in s. 25(12) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(7) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
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