Competition Act 1980

6 Scope of competition references. U.K.

(1) In a competition reference the Director shall specify—

(a) the person or persons whose activities are to be investigated by the Commission (in this section referred to as the person or persons “subject to the reference”),

(b) the goods or services to which the investigation is to extend, and

(c) the course or courses of conduct to be investigated.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (3) Where the Director has accepted an undertaking under section 4 above with respect to the pursuit by any person of a course of conduct in relation to any goods or services, the Director may not, while the undertaking is in force, make a competition reference by virtue of section 5(1)(a) above with respect to the pursuit by that person of that course of conduct in relation to those goods or services.]

(5) Subject to subsection (6) below, on a competition reference the Commission shall investigate and report on the following questions, namely—

(a) whether any person subject to the reference was at any time during the period of twelve months ending on the date of the reference pursuing, in relation to goods or services specified in the reference, a course of conduct so specified or any other course of conduct which appears to be similar in form and effect to the one so specified; and

(b) whether, by pursuing any such course of conduct, a person subject to the reference was at any time during that period engaging in an anti-competitive practice; and

(c) whether, if any person was so engaging in an anti-competitive practice, the practice operated or might be expected to operate against the public interest.

(6) The Director may at any time, by notice given to the Commission, restrict the scope of a competition reference by excluding from the reference—

(a) some or all of the activities of any person subject to the reference,

(b) any goods or services specified in the reference, or

(c) any course of conduct so specified,

and, subject to section 7 below, on the receipt of such notice the Commission shall discontinue their investigation so far as it relates to any matter so excluded and shall make no reference to any such matter in their report.

Textual Amendments

F1 S. 6(2) repealed (3.1.1995) by 1994 c. 40, ss. 81, 82(2), Sch. 17

F2 S. 6(3) substituted for s. 6(3)(4) (3.1.1995) by 1994 c. 40, ss. 12(6), 82(4)

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