Fair Trading Act 1973

50 Monopoly references by Director. U.K.

(1) Where it appears to the Director that a monopoly situation exists or may exist in relation to—

(a) the supply of goods of any description, or

(b) the supply of services of any description, or

(c) exports of goods of any description from the United Kingdom, either generally or to any particular market,

the Director, subject to section 12 of this Act and to the following provisions of this section, may if he thinks fit make a monopoly reference to the Commission with respect to the existence or possible existence of such a monopoly situation.

(2) [F1 Subject to subsection (2A) of this section] no monopoly reference shall be made by the Director with respect to the existence or possible existence of a monopoly situation in relation to the supply of goods or services of any description specified in Part I of Schedule 5 or in Part I of Schedule 7 to this Act.

[F2 (2A) Subsection (2) of this section shall not preclude the making of a monopoly reference by the Director with respect to the existence or possible existence of a monopoly situation in relation to the supply of such services as are specified in paragraph 5 of Schedule 5 to this Act in Great Britain, except in relation to the supply of any such services by—

(a) a body corporate to which section 16 of this Act applies;

(b) a subsidiary, within the meaning of section 736 of the M1 Companies Act 1985, of any such body corporate; or

(c) a publicly owned railway company, within the meaning of the Railways Act 1993.]

(3) Notwithstanding anything in subsections (3) and (4) of section 10 of this Act—

(a) for the purposes of any monopoly reference made by the Director the supply of goods or services of any description specified in the first column . . . F3 of Part II of Schedule 7 to this Act in any manner specified in relation to that description of goods or services in the second column of Part II of the relevant Schedule shall be taken to be a separate form of supply, and

(b) any monopoly reference made by the Director in relation to the supply of goods or services of any such description shall be limited so as to exclude that form of supply.

(4) For the purposes of any monopoly reference made by the Director in relation to goods of any description specified in the first column of Part III of Schedule 7 to this Act—

(a) the supply of goods of that description in Northern Ireland in any manner specified in relation to that description of goods in the second column of that Part of that Schedule shall be taken to be a separate form of supply, and, notwithstanding anything in section 10(3) and (4) of this Act, any monopoly reference so made in relation to the supply of goods of any such description in Northern Ireland shall be limited so as to exclude that form of supply, and

(b) for the purposes of any such monopoly reference the Director shall so exercise his powers under section 9 of this Act as to comply with the requirements of the preceding paragraph.

(5) The Secretary of State may by order made by statutory instrument vary any of the provisions of Schedule 7 to this Act, either by adding one or more further entries or by altering or deleting any entry for the time being contained in it; and any reference in this Act to that Schedule shall be construed as a reference to that Schedule as for the time being in force.

(6) On making a monopoly reference to the Commission, the Director shall send a copy of it to the Secretary of State; and if, before the end of the period of fourteen days from the day on which the reference is first published in the Gazette in accordance with section 53 of this Act, the Secretary of State directs the Commission not to proceed with the reference,—

(a) the Commission shall not proceed with that reference, but

(b) nothing in the preceding paragraph shall prevent the Commission from proceeding with any subsequent monopoly reference, notwithstanding that it relates wholly or partly to the same matters.

Textual Amendments

F1 Words in s. 50(2) inserted (1.4.1994) by 1993 c. 43, s. 66(1); S.I. 1994/571, art. 5

F2 S. 50(2A) inserted (1.4.1994) by 1993 c. 43, s. 66(1); S.I. 1994/571, art. 5

F3 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109(6), Sch. 7 Pt. I

Modifications etc. (not altering text)

C1 S. 50 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 50(2)(b)

S. 50 modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 28(2)(b)

S. 50 modified (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 43(2)(b)

S. 50: certain functions transferred (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 46(2)(b)(4); S.R. 1992/117, art. 3(1)

S. 50: certain functions transferred (E.W.S.) (1.4.1999) by 1993 c. 43, s. 67(2)(b)(4); S.I. 1994/571, art. 5

S. 50: 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. 50: functions transferred (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 23(2)(b) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

S. 50 amended (1.2.2001) by 2000 c. 38, ss. 86(1)(2), 87, 89 (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

C2 S. 50(2) modified (27.5.1993) by 1993 c. viii, s. 4.

S. 50(2) excluded (21.7.1994) by 1994 c. xi, s. 50(6)

Marginal Citations

M1 1985 c. 6.