The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

46.—(1) Section 73 (crown application) is amended as follows.

(2) For subsection (4) there is substituted—

“(4) If an investigation is conducted under section 25 or 65D in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—

(a) the power conferred by section 27 or (as the case may be) section 65F may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; and

(b) none of sections 28, 28A, 65G and 65H applies in relation to land so occupied.”.

(3) In subsection (6)—

(a) after the word “62” there is inserted “, 62A”;

(b) for the words from “a suspected infringement” onwards there is substituted “an agreement to which the Crown or a person in the service of the Crown is a party, or conduct by the Crown or such a person”.

(4) After subsection (6) there is inserted—

“(6A) In subsections (4) and (6) “agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.”.

(5) Subsection (7) shall cease to have effect.

(6) In subsection (8)—

(a) in paragraph (a), after the words “section 27” there is inserted “or 65F”;

(b) in paragraph (b), for the words “section 28, 62 or 63” there is substituted “section 28, 28A, 62, 62A, 63, 65G or 65H”.