Competition Act 1980

12 Orders following report under section 11. U.K.

(1) This section applies where a report of the Commission on a reference under section 11 above concludes that the person specified in the reference is pursuing a course of conduct which operates against the public interest.

(2) If it appears to the Secretary of State that any other Minister has functions directly relating to the person specified in the reference or, in the case of a reference only concerning the activities of the person in a part of the United Kingdom, functions directly relating to the person in respect of his activities in that part, he shall send a copy of the report of the Commission on the reference to that Minister; and in subsection (3) below “the relevant Minister” means—

(a) in a case where it appears to the Secretary of State that any Minister (including himself) has such functions, that Minister, and

(b) in a case where it appears to the Secretary of State that no Minister has such functions, the Secretary of State.

(3) If—

(a) the relevant Minister considers it appropriate for the purpose of remedying or preventing what he considers are the adverse effects of the course of conduct specified in the report of the Commission as operating against the public interest, and

(b) the person specified in the reference does not fall within paragraph (d) of section 11(3) above and is not a subsidiary of a body falling within that paragraph,

he may by order direct the person to prepare within such time, if any, as may be specified in the order a plan for remedying or preventing such of those effects as are so specified; but where there is more than one relevant Minister no such order shall be made except by all the relevant Ministers acting jointly and where none of the relevant Ministers is the Secretary of State no such order shall be made except after consultation with him.

(4) It shall be the duty of a person to whom a direction is given under subsection (3) above to prepare such a plan as is mentioned in that subsection and to send a copy of that plan to the Minister or Ministers by whom the order containing the direction was made who shall lay it before Parliament; and, in a case where the plan involves the use by a body of its powers in relation to any subsidiary within the meaning of [F1 section 736 of]the [F2 Companies Act 1985], the plan shall specify the manner in which the body proposes using those powers.

(5) Whether or not an order has been or may be made under subsection (3) above, the Secretary of State may, if he considers it appropriate for the purpose of remedying or preventing what he considers are the adverse effects of the course of conduct specified in the report of the Commission as operating against the public interest, by order exercise one or more of the powers specified in Part I, excluding paragraph 10, of Schedule 8 to the M1 Fair Trading Act 1973, to such extent and in such manner as he considers appropriate.

(6) In the M2 Fair Trading Act 1973—

(a) section 90 (general provisions as to orders under section 56 etc.) except subsections (2) and (3),

(b) section 91(2) (publication of proposals to make an order),

(c) section 93 (enforcement of certain orders), and

(d) Part I (except paragraph 10) of Schedule 8 (powers exercisable by orders under section 56 etc.),

shall have effect as if any reference in those provisions to an order under section 56 of that Act included a reference to an order under subsection (5) above.

Textual Amendments

F1 Words inserted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 22

F2 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

Modifications etc. (not altering text)

C1 S. 12(5) amended by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 144(2), 238(2)

Marginal Citations

M1 1973 c. 41.

M2 1973 c. 41.