The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001

1. Introductory Text

2. 1. Citation, commencement and extent

3. 2. Interpretation

4. 3. Commencement of investigations by the Director

5. 4. Exemptions

6. 5. Cancellation etc. of exemptions

7. 6. Notification in relation to agreements

8. 7. Notification for a decision in relation to agreements

9. 8. Effect of a decision that the prohibition in Article 81(1) has not been infringed

10. 9. Notification in relation to conduct

11. 10. Notification for a decision in relation to conduct

12. 11. Effect of a decision that the prohibition in Article 82 has not been infringed

13. 12. Powers when conducting investigations

14. 13. Power to enter premises without a warrant

15. 14. Powers to enter premises under a warrant

16. 15. Entry of premises under warrant: supplementary

17. 16. Privileged communications

18. 17. Decisions following an investigation

19. 18. Directions in relation to agreements

20. 19. Directions in relation to conduct

21. 20. Enforcement of Directions

22. 21. Interim measures

23. 22. Offences

24. 23. Destroying or falsifying documents

25. 24. False or misleading information

26. 25. Appeals

27. 26. Third party appeals

28. 27. Appeal tribunals

29. 28. Appeals on point of law etc.

30. 29. General restrictions on disclosure of information

31. 30. Director to have regard to certain matters in relation to the disclosure of information

32. 31. Defamation

33. 32. Findings of fact by the Director

34. 33. Offences by bodies corporate etc.

35. 34. Crown application

36. 35. Amendments to other enactments

37. 36. Past agreements and infringements

38. 37. Revocation and transitional provision

39. Signature

40. 1. SCHEDULE 1

       1. Form of application (1) An application under regulation 7 for an agreement to...

          1. 1. Form of application

          2. 2. Joint applications

          3. 3. Copies

          4. 4. Content of application

          5. 5. Date of application

          6. 6. Notification of application to other parties

          7. 7. Public register

          8. 8. Consultation of public following applications

          9. 9. Investigations

          10. 10. Proposed infringement and conditional exemption decisions

          11. 11. Notice of decision

          12. 12. Further action after a decision

          13. 13. Directions

          14. 14. Interim measures

          15. 15. Application for extension of exemption

          16. 16. Cancellation etc. of exemption

          17. 17. Associations of undertakings

          18. 18. Time limits and giving notices

          19. 19. Confidential third party information

          20. 20. Third party appeals

          21. 21. Interpretation and supplemental

       2. Annex

          1. FORM ERN

             INFORMATION REQUIRED FOR APPLICATIONS FOR A DECISION UNDER THE EC COMPETITION LAW (ARTICLES 84 AND 85) ENFORCEMENT REGULATIONS 2001

             1. PART 1: INTRODUCTION This document lists the information and supporting...

                1. This document lists the information and supporting documents which must...

                2. If the Applicant(s) considers that the Director would find any...

                3. This document must also be used when making an application...

             2. PART 2: INFORMATION TO BE PROVIDED BY THE UNDERTAKING(S) MAKING...

                1. 1. INFORMATION ABOUT THE UNDERTAKING(S) SUBMITTING THE APPLICATION (THE “APPLICANT(S)”) AND THE OTHER PARTIES TO THE AGREEMENT

                2. 1.1. Please give the full name, address (by registered office, where...

                3. 1.2. Please give the full name, address, telephone and fax numbers...

                4. 1.3. Where the declaration to be made in the form set...

                5. 1.4. If a joint application is being submitted, indicate whether or...

                6. 1.5. Please give full names, addresses (by registered office, where appropriate,...

                7. 1.6. Please provide details of the steps taken or to be...

                8. 1.7. Please identify the groups to which each party to the...

                9. 2. PURPOSE OF THE APPLICATION

                10. 2.1. Specify whether the application is being made in relation to...

                11. 2.2. State which provisions or effects of the agreement or conduct...

                12. 2.3. If the application is for an extension of an exemption,...

                13. 3. JURISDICTION

                14. 3.1. Please state whether the agreement or conduct which is the...

                15. 3.2. Please provide details of any previous contacts of which the...

                16. 4. DETAILS OF THE AGREEMENT OR CONDUCT

                17. 4.1. Please provide a brief description of the agreement or conduct...

                18. 4.2. If the application is made in relation to a written...

                19. 4.3. Identify any provisions in the agreement or aspects of the...

                20. 4.4. If the application relates to standard form terms and conditions,...

                21. 4.5. Please identify those Member States of the European Community trade...

                22. 5. INFORMATION ON THE PARTIES TO THE AGREEMENT OR CONDUCT AND THE GROUPS TO WHICH THEY BELONG

                23. 5.1. Please attach one copy of the most recent annual report...

                24. 5.2. Please list the product and/or services market(s) in which each...

                25. 6. THE RELEVANT PRODUCT AND GEOGRAPHIC MARKET(S)

                26. 6.1. A “relevant product market” comprises all those products and/or services...

                27. 6.2. Please supply and explain the definition of the relevant product...

                28. 6.3. Please supply and explain the definition of the relevant geographic...

                29. 6.4. For each of the relevant product and geographic market(s) identified...

                30. 6.5. For each of the parties to the agreement or conduct...

                31. 7. THE POSITION OF THE UNDERTAKINGS IN THE RELEVANT PRODUCT MARKET(S)

                32. 7.1. Please provide the following information in respect of each of...

                33. 8. MARKET ENTRY AND POTENTIAL COMPETITION IN THE RELEVANT PRODUCT AND GEOGRAPHIC MARKET(S)

                34. 8.1. For each of the relevant product and geographic market(s) identified...

                35. 8.2. Estimate the amount of time required for entry into the...

                36. 8.3. State whether any new undertakings have entered the relevant product...

                37. 9. EXEMPTION

                38. If exemption from the prohibition in Article 81(1) is sought,...

                39. 10. OTHER INFORMATION

                40. 10.1. Please provide details of trade publications in which advertisements seeking...

                41. 10.2. Please give any other information which the Applicant(s) considers may...

                42. 11. SUPPORTING DOCUMENTS

                43. Please ensure that the Applicant(s) has attached the following documents...

             3. PART 2A: Under regulation 24, it is an offence, punishable...

                1. Under regulation 24, it is an offence, punishable by a...

                2. Declaration

                3. Place and date....................

                4. Signatures....................

                5. Status....................

                6. Name(s) in block capitals....................

             4. PART 3: ACKNOWLEDGEMENT OF RECEIPT This acknowledgement of receipt will...

                1. This acknowledgement of receipt will be returned to the address...

                2. To be completed by the Applicant(s)

                3. To:....................

                4. (name and address of Applicant(s))

                5. ....................

                6. ....................

                7. ....................

                8. The application dated....................

                9. concerning....................

                10. involving the following undertakings:

                11. 1. ....................

                12. 2. ....................

                13. [and others]

                14. To be completed by the Office of Fair Trading

                15. was received on....................

                16. and registered under reference number....................

                17. Please quote this number in all correspondence with the Office...

             5. PART 4: —TO BE COMPLETED BY THE APPLICANT(S) Information for...

                1. 1. Information for the OFT public register

                2. 2. Please provide a short summary which does not contain any...

                3. 3. Please describe the relevant product(s) or services(s) involved.

    2. SCHEDULE 2

       APPEALS

       1. 1. Interpretation

       2. 2. General procedure

       3. 3. Decisions of the tribunal

       4. 4. (1) A decision of the tribunal may be taken by...

       5. 5. A person who without reasonable excuse fails to comply with...

41. Explanatory Note