Fair Trading Act 1973

45 Special power to require information with respect to complex monopoly situations. U.K.

(1) Where it appears to the Director that there are grounds for believing—

(a) that a complex monopoly situation may exist in relation to the supply of goods or services of any description, or in relation to exports of goods of any description from the United Kingdom, and

(b) that in accordance with the following provisions of this Part of this Act he would not be precluded from making a monopoly reference to the Commission with respect to the existence or possible existence of that situation,

the Director may formulate proposals for requiring specified persons to furnish information to him in accordance with the proposals for the purpose of assisting him in determining whether to make a monopoly reference with respect to the existence or possible existence of that situation.

(2) The persons specified in any such proposals shall be persons appearing to the Director to be, or to be included among, those who, in relation to the production or supply of goods or to the supply of services of the description in question, or in relation to exports from the United Kingdom of goods of the description in question,—

(a) may be parties to any such agreement as is mentioned in paragraph (d) of section 6(1) or paragraph (d) of section 7(1) of this Act (or mentioned in either of those paragraphs as modified by section 9(2) of this Act) or may be parties to any such agreement as is mentioned in subsection (2) or subsection (3) of section 8 of this Act, or

(b) may be conducting their respective affairs as mentioned in section 6(2) or in section 7(2) of this Act.

(3) Any such proposals shall also specify the description of goods or services in question, and—

(a) in a case falling within paragraph (a) of subsection (2) of this section, shall indicate the particular respects in which it appears to the Director that any agreement in question may be such an agreement as is referred to in that paragraph, or

(b) in a case falling within paragraph (b) of that subsection, shall indicate the particular respects in which it appears to the Director that the persons specified in the proposals may be conducting their respective affairs in a manner referred to in that paragraph,

and shall state what information the Director proposes that the persons specified in the proposals should be required to furnish for the purpose of indicating whether, in those respects, they are parties to such an agreement, or are so conducting their respective affairs, and, if so, of indicating in what circumstances they are parties to such an agreement or are so conducting their affairs.

(4) Where the Director has formulated proposals under this section, he may submit those proposals to the Secretary of State for approval; and if the Secretary of State approves the proposals, with or without modifications, the Director may require any person specified in the proposals to furnish to the Director such information as the Director may specify in accordance with the proposals, or, if the proposals have been approved with modifications, in accordance with the proposals as so modified.

Modifications etc. (not altering text)

C1 Ss. 44, 45 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 50(2)(a)

Ss. 44, 45 modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 28(2)(a)

Ss. 44, 45 modified (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 43(2)(a)

S. 45: certain functions transferred (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 46(2)(a)(4); S.R. 1992/117, art.3(1)

S. 45: certain functions transferred (E.W.S.) (24.12.1993) by 1993 c. 43, ss. 67(2)(a)(4), 154(2); S.I. 1993/3237, art. 2.

S. 45: certain functions transferred (E.W.S.) (1.3.1996) by 1986 c. 44, s 36A(2) (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)

S. 45: functions transferred (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 23(2)(a) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2