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Part IVU.K. Functions of Director and Commission in Relation to Monopoly Situations and Uncompetitive Practices

Modifications etc. (not altering text)

C1Pts. III, IV (ss. 34-56) amended (E.W.) (01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 31(4)(a), 35(4), 223(2) (with ss. 82(3), 186(1), 188, 222(1), Sch. 14 para. 6).

Pt. IV (ss. 44-56) modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 50(2)

Pt. IV (ss. 44-56) modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 28(2)

Pt. IV (ss. 44-56) modified (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 43(2)

Pt. IV (ss. 44-56) modified (1.4.1992) by S.I. 1992/231 (N.I. 1), art. 46(2); S.R. 1992/117, art.3(1)

Pt. IV amended (E.W.S.) (1.4.1994) by 1993 c. 43, s. 67(2)(4); S.I. 1994/571, art. 5

Pt. IV (ss. 44-56) amended (1.2.2001) by 2000 c. 38, s. 86(4)(a)(5)(7)(a) (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Pt IV modified (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 23(6)(7) (with Sch. 7 paras. 2, 3(2); S.R. 1996/216, art. 2

Pt. IV amended (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 23(2) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

Pt. IV amended (E.W.S.) (1.3.1996) by 1986 c. 44, s. 36A(2) (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)

Monopoly referencesU.K.

47 General provisions as to monopoly referencesU.K.

(1)A monopoly reference—

(a)shall specify the description of goods or services to which it relates;

(b)in the case of a reference relating to goods, shall state whether it relates to the supply of goods or to exports of goods from the United Kingdom or to both; and

(c)if, for the purposes of the reference, consideration is to be limited to a part of the United Kingdom, shall specify the part of the United Kingdom to which consideration is to be limited,

and (subject to the next following subsection) shall be framed in one or other of the ways specified in section 48 or section 49 of this Act.

(2)A monopoly reference (whether it falls within section 48 or within section 49 of this Act) may be so framed as to require the Commission to exclude from consideration, or to limit consideration to,—

(a)such agreements as are mentioned in paragraph (d) of section 6(1) or paragraph (d) of section 7(1) of this Act (or in either of those paragraphs as modified by section 9(2) of this Act) or as are mentioned in subsection (2) or subsection (3) of section 8 of this Act, or

(b)agreements or practices whereby persons conduct their affairs as mentioned in section 6(2) or section 7(2) of this Act,

or to exclude from consideration, or to limit consideration to, such one or more agreements or practices falling within paragraph (a) or paragraph (b) of this subsection as are specified in the reference.