SCHEDULE 1Amendments to the Competition Act 1998

54

1

Schedule 9 (OFT’s rules) is amended as follows.

2

For paragraph 1, there is substituted—

1

In this Schedule “rules” means rules made by the OFT under section 51.

3

Paragraphs 2, 3 and 4 shall cease to have effect.

4

For sub-paragraph (1)(d) of paragraph 5 there is substituted—

d

the procedure to be followed if—

i

the OFT takes further action with respect to an agreement after having decided that it does not infringe the Chapter I prohibition;

ii

the OFT takes further action with respect to an agreement after having decided that it does not infringe the prohibition in Article 81(1);

iii

the OFT takes further action with respect to conduct after having decided that it does not infringe the Chapter II prohibition; or

iv

the OFT takes further action with respect to conduct after having decided that it does not infringe the prohibition in Article 82.

5

For sub-paragraph (2) of paragraph 5 there is substituted—

2

In this paragraph “decision” means a decision of the OFT

a

as to whether or not an agreement has infringed the Chapter I prohibition;

b

as to whether or not an agreement has infringed the prohibition in Article 81(1);

c

as to whether or not conduct has infringed the Chapter II prohibition; or

d

as to whether or not conduct has infringed the prohibition in Article 82.

6

Paragraphs 6 and 7 shall cease to have effect.

7

For paragraph 8 there is substituted—

8

Rules may make provision as to—

a

the procedure to be followed by the OFT if it cancels a block exemption;

b

the procedure to be followed by the OFT if it withdraws the benefit of a regulation of the Commission pursuant to Article 29(2) of the EC Competition Regulation.

8

In paragraph 11, the words “2(3) or” shall cease to have effect.

9

In paragraph 14, for the words “32 to 41” there is substituted “32 to 40”.