The Competition Act 1998 (Concurrency) Regulations 2004

Explanatory Note

(This note is not part of the Order)

These Regulations make provision for the Office of Fair Trading (“OFT”) and the regulators who can exercise functions of the OFT under Part 1 of the Competition Act 1998 (c. 41) concurrently with it to co-ordinate the performance of those functions.

Regulation 3 provides for a competent person (meaning the OFT or any of the regulators) to circulate information for the purposes of determining which of their number may exercise Part 1 functions in relation to a case.

Regulation 4 sets out the steps that must be taken before a competent person exercises prescribed functions (as defined in regulation 2) in relation to a case.

Regulation 5 provides the procedure for determining which competent person is to exercise prescribed functions in a particular case when agreement has not been reached on this issue in accordance with regulation 4.

Regulation 6 makes provision for the circumstances in which the exercise of prescribed functions by a competent person in relation to a case precludes the exercise of those functions by another competent person.

Regulation 7 makes provision for a competent person who has exercised Part 1 functions (as defined in regulation 2) in relation to a case to transfer that case to another competent person.

Regulation 8 makes provision for the appointment of an officer of one competent person to act as the officer of another competent person in relation to a case.

Regulation 9 makes provision for the service of notices.

Regulation 10 revokes the Competition Act 1998 (Concurrency) Regulations 2000 (S.I. 2000/260).

A Regulatory Impact Assessment has been prepared. A copy can be obtained from the Modernisation Project Team, Consumer and Competition Policy Directorate, Bay 606, 1 Victoria Street, London SW1H OET, telephone [phone]. A copy can also be found at http://www.dti.gov.uk/ccp/consultations.htm.