Competition Act 1980

F1 5 Competition references. U.K.

(1) In any case where—

[F2 (a) there are reasonable grounds for believing that any person is pursuing, or has pursued, a course of conduct which constitutes an anti-competitive practice,]

(b) the Director has given notice to any person under section 4(4)(c) above with respect to an undertaking given by that person, or

(c) the Director has given notice to any person under section 4(5) above specifying either a variation of an undertaking or a new undertaking which is required and has neither accepted a new or varied undertaking from that person nor agreed upon the continuation of the original undertaking,

then, subject to the following provisions of this section, the Director may make a reference under this section to the Monopolies and Mergers Commission (in the following provisions of this Act referred to as a “competition reference”).

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No competition reference may be made [F4 by virtue of subsection (1)(b) or (c) above] within the period of four weeks beginning with the relevant date nor, subject to subsection (4) below, may such a reference be [F5 so] made after the expiry of the period of eight weeks beginning on that date; and in this subsection “the relevant date” means F6 . . ., the date on which notice was given as mentioned in subsection (1)(b) or, as the case may be, subsection (1)(c) above.

(4) If the Secretary of State so directs, subsection (3) above shall have effect in relation to a competition reference of a description specified in the direction as if for the period of eight weeks specified in that subsection there were substituted such longer period not exceeding twelve weeks as may be specified in the direction; but the Secretary of State shall not give a direction under this subsection unless, upon representations made to him by the Director, it appears to the Secretary of State that it would be appropriate in the case in question to allow the Director a longer period in which to negotiate one or more undertakings under section 4 above.

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Ss. 2-10, 16: certain functions transferred (1.3.1996) by 1986 c. 44, s. 36A (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2

Ss. 2-10, 16: certain functions transferred (N.I.) by S.I. 1996/275 (N.I. 2), art. 23(3) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

F2 S. 5(1)(a) substituted (3.1.1995) by 1994 c. 40, ss. 12(1), 82(2)

F3 S. 5(2) repealed (3.1.1995) by 1994 c. 40, ss. 81, 82(2), Sch. 17

F4 Words in s. 5(3) inserted (3.1.1995) by 1994 c. 40, ss. 39, 82(2), Sch. 11 para. 4(3)(a)

F5 Word in s. 5(3) inserted (3.1.1995) by 1994 c. 40, ss. 39, 82(2), Sch. 11 para. 4(3)(b)

F6 Words in s. 5(3) repealed (3.1.1995) by 1994 c. 40, ss. 39, 81, 82(2), Sch. 11 para. 4(3)(c), Sch. 17

F7 S. 5(5) repealed (3.1.1995) by 1994 c. 40, ss. 81, 82(2), Sch. 17

Modifications etc. (not altering text)

C1 Ss. 5–8 modified (transfer of functions) by Telecommunications Act 1984 (c. 12, SIF 96), s. 50(3) and (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 43(3)

S. 5 amended (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 31(4)(c), 35(4), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C2 S. 5 modified (transfer of functions) (1.4.1992) by S.I. 1992/231, art. 46(3)(4); S.R. 1992/117, art. 3(1)

C3 S. 5 modified (transfer of functions) and amended (E.W.S.) (1.4.1994) by 1993 c. 43, s. 67(3)(4); S.I. 1994/571, art. 5

Ss. 2-10 modified (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 23(6) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

C4 S. 5 extended (3.1.1995) by 1994 c. 40, ss. 12(7), 82(2), Sch. 4 para. 1