- Latest available (Revised)
- Point in Time (01/04/2014)
- Original (As enacted)
Version Superseded: 01/11/2016
Point in time view as at 01/04/2014.
Competition Act 1998, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 28 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If the [F1CMA] has made a decision that an agreement infringes the Chapter I prohibition [F2or that it infringes the prohibition in] [F3Article 101(1)], [F4it] may give to such person or persons as [F4it] considers appropriate such directions as [F4it] considers appropriate to bring the infringement to an end.
(2)[F5Subsection (1) applies whether the [F6OFT’s] decision is made on [F6its] own initiative or on an application made to [F6it] under this Part.]
(3)A direction under this section may, in particular, include provision—
(a)requiring the parties to the agreement to modify the agreement; or
(b)requiring them to terminate the agreement.
(4)A direction under this section must be given in writing.
Textual Amendments
F1Word in s. 32(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 16 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 32(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 19(2)
F3Words in s. 32(1) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F4Words in s. 32(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(24)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5S. 32(2) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 19(3) (with reg. 6(2))
F6Words in s. 32(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(24)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
(1)If the [F7CMA] has made a decision that conduct infringes the Chapter II prohibition [F8or that it infringes the prohibition in] [F9Article 102], [F10it] may give to such person or persons as [F10it] considers appropriate such directions as [F10it] considers appropriate to bring the infringement to an end.
(2)[F11Subsection (1) applies whether the [F12OFT’s] decision is made on [F12its] own initiative or on an application made to [F12it] under this Part.]
(3)A direction under this section may, in particular, include provision—
(a)requiring the person concerned to modify the conduct in question; or
(b)requiring him to cease that conduct.
(4)A direction under this section must be given in writing.
Textual Amendments
F7Word in s. 33(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 17 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Words in s. 33(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 20(2)
F9Words in s. 33(1) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F10Words in s. 33(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(25)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F11S. 33(2) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 20(3) (with reg. 6(2))
F12Words in s. 33(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(25)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
(1)If a person fails, without reasonable excuse, to comply with a direction under section 32 or 33, the [F13CMA] may apply to the court for an order—
(a)requiring the defaulter to make good his default within a time specified in the order; or
(b)if the direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
(2)An order of the court under subsection (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by—
(a)the person in default; or
(b)any officer of an undertaking who is responsible for the default.
(3)In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
Textual Amendments
F13Word in s. 34(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 18 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
[F14(1)Subject to subsections (8) and (9), this section applies if the [F15CMA] has begun an investigation under section 25 and not completed it (but only applies so long as the [F15CMA] has power under section 25 to conduct that investigation).]
(2)If the [F15CMA] considers that it is necessary for [F16it] to act under this section as a matter of urgency for the purpose—
(a)of preventing [F17significant damage] to a particular person or category of person, or
(b)of protecting the public interest,
[F16it] may give such directions as [F16it] considers appropriate for that purpose.
(3)Before giving a direction under this section, the [F15CMA] must—
(a)give written notice to the person (or persons) to whom [F16it] proposes to give the direction; and
(b)give that person (or each of them) an opportunity to make representations.
(4)A notice under subsection (3) must indicate the nature of the direction which the [F15CMA] is proposing to give and [F16its] reasons for wishing to give it.
[F18(5)A direction given under this section may if the circumstances permit be replaced by—
(a)a direction under section 32 or (as appropriate) section 33, or
(b)commitments accepted under section 31A,
but, subject to that, has effect while this section applies.]
(6)In the [F19cases mentioned in section 25(2), (3), (6) and (7)], sections 32(3) and 34 also apply to directions given under this section.
(7)In the [F20cases mentioned in section 25(4) and (5)], sections 33(3) and 34 also apply to directions given under this section.
[F21(8)In the case of an investigation conducted by virtue of section 25(2) or (6), this section does not apply if a person has produced evidence to the [F22CMA] in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is exempt from the Chapter I prohibition as a result of section 9(1); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which—
(a)may affect trade within the United Kingdom, and
(b)has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
(9)In the case of an investigation conducted by virtue of section 25(3) or (7), this section does not apply if a person has produced evidence to the [F22CMA] in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is an agreement to which the prohibition in [F23Article 101(1)] is inapplicable because the agreement satisfies the conditions in [F23Article 101(3)]; and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which—
(a)may affect trade between Member States, and
(b)has as its object or effect the prevention, restriction or distortion of competition within] [F24the European Union].
Textual Amendments
F14S. 35(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(2)
F15Words in s. 35(1)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 19 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F16Words in s. 35 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(27); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F17Words in s. 35(2)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 43, 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F18S. 35(5) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(3)
F19Words in s. 35(6) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(4)
F20Words in s. 35(7) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(5)
F21S. 35(8)(9) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(6)
F22Word in s. 35(8)(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 19 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F23Words in s. 35(9) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F24Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))
(1)On making a decision that an agreement has infringed the Chapter I prohibition [F26or that it has infringed the prohibition in ] [F27Article 101(1)], the [F28CMA] may require an undertaking which is a party to the agreement to pay the [F28CMA] a penalty in respect of the infringement.
(2)On making a decision that conduct has infringed the Chapter II prohibition [F29or that it has infringed the prohibition in ] [F30Article 102], the [F28CMA] may require the undertaking concerned to pay the [F28CMA] a penalty in respect of the infringement.
(3)The [F28CMA] may impose a penalty on an undertaking under subsection (1) or (2) only if [F31the [F28CMA]] is satisfied that the infringement has been committed intentionally or negligently by the undertaking.
(4)Subsection (1) is subject to section 39 and does not apply [F32in relation to a decision that an agreement has infringed the Chapter I prohibition] if the [F28CMA] is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the agreement.
(5)Subsection (2) is subject to section 40 and does not apply [F33in relation to a decision that conduct has infringed the Chapter II prohibition] if the [F28CMA] is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the conduct.
(6)Notice of a penalty under this section must—
(a)be in writing; and
(b)specify the date before which the penalty is required to be paid.
(7)The date specified must not be earlier than the end of the period within which an appeal against the notice may be brought under section 46.
[F34(7A)In fixing a penalty under this section the CMA must have regard to—
(a)the seriousness of the infringement concerned, and
(b)the desirability of deterring both the undertaking on whom the penalty is imposed and others from—
(i)entering into agreements which infringe the Chapter 1 prohibition or the prohibition in Article 81(1), or
(ii)engaging in conduct which infringes the Chapter 2 prohibition or the prohibition in Article 82.]
(8)No penalty fixed by the [F35CMA] under this section may exceed 10% of the turnover of the undertaking (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).
(9)Any sums received by the [F35CMA] under this section are to be paid into the Consolidated Fund.
Textual Amendments
F25Word in s. 36 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(6)
F26Words in s. 36(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(2)
F27Words in s. 36(1) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F28Word in s. 36(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 20 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F29Words in s. 36(2) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(3)
F30Words in s. 36(2) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F31Words in s. 36(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(28)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F32Words in s. 36(4) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(4)
F33Words in s. 36(5) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(5)
F34S. 36(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 44(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F35Word in s. 36(8)(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 20 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)If the specified date in a penalty notice has passed and—
(a)the period during which an appeal against the imposition, or amount, of the penalty may be made has expired without an appeal having been made, or
(b)such an appeal has been made and determined,
the [F36CMA] may recover from the undertaking, as a civil debt due to the [F36CMA], any amount payable under the penalty notice which remains outstanding.
(2)In this section—
“penalty notice” means a notice given under section 36; and
“specified date” means the date specified in the penalty notice.
Textual Amendments
F36Word in s. 37(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 21 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)The [F37CMA] must prepare and publish guidance as to the appropriate amount of any penalty under this Part [F38 in respect of an infringement of the Chapter 1 prohibition, the Chapter 2 prohibition, the prohibition in Article 81(1) or the prohibition in Article 82].
[F39(1A)The guidance must include provision about the circumstances in which, in determining [F40such a penalty], the [F37CMA] may take into account effects in another Member State of the agreement or conduct concerned.]
(2)The [F37CMA] may at any time alter the guidance.
(3)If the guidance is altered, the [F37CMA] must publish it as altered.
(4)No guidance is to be published under this section without the approval of the Secretary of State.
(5)The [F41CMA] may, after consulting the Secretary of State, choose how [F42it] publishes [F42its] guidance.
(6)If the [F41CMA] is preparing or altering guidance under this section [F42it] must consult such persons as [F42it] considers appropriate.
(7)If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
(8)When setting the amount of a penalty under this Part [F43in respect of an infringement of a kind mentioned in subsection (1)], the [F44CMA] [F45and the Tribunal] must have regard to the guidance for the time being in force under this section.
(9)If a penalty or a fine has been imposed by the Commission, or by a court or other body in another Member State, in respect of an agreement or conduct, the [F44CMA], [F46the Tribunal] or the appropriate court must take that penalty or fine into account when setting the amount of a penalty under this Part in relation to that agreement or conduct.
(10)In subsection (9) “the appropriate court” means—
(a)in relation to England and Wales, the Court of Appeal;
(b)in relation to Scotland, the Court of Session;
(c)in relation to Northern Ireland, the Court of Appeal in Northern Ireland;
[F47(d)the Supreme Court.]
Textual Amendments
F37Word in s. 38(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 22 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F38Words in s. 38(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(4), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F39S. 38(1A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 23(2)
F40Words in s. 38(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(5), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F41Word in s. 38(5)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 22 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F42Words in s. 38 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(30); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F43Words in s. 38(8) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(6), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F44Word in s. 38(8)(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 22 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F45Words in s. 38(8) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 44(3), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
F46Words in s. 38(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 10; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F47S. 38(10)(d) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 65(2); S.I. 2009/1604, art. 2(d)
Commencement Information
I1S. 38 wholly in force; s. 38 not in force at Royal Assent see s. 76(3); s. 38(1)-(7) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; s. 38(8)-(10) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
(1)In this section “small agreement” means an agreement—
(a)which falls within a category prescribed for the purposes of this section; but
(b)is not a price fixing agreement.
(2)The criteria by reference to which a category of agreement is prescribed may, in particular, include—
(a)the combined turnover of the parties to the agreement (determined in accordance with prescribed provisions);
(b)the share of the market affected by the agreement (determined in that way).
(3)A party to a small agreement is immune from the effect of section 36(1) [F49so far as that provision relates to decisions about infringement of the Chapter I prohibition]; but the [F50CMA] may withdraw that immunity under subsection (4).
(4)If the [F50CMA] has investigated a small agreement, [F51it] may make a decision withdrawing the immunity given by subsection (3) if, as a result of [F51its] investigation, [F51it] considers that the agreement is likely to infringe the Chapter I prohibition.
(5)The [F50CMA] must give each of the parties in respect of which immunity is withdrawn written notice of [F51its] decision to withdraw the immunity.
(6)A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.
(7)The withdrawal date must be a date after the date on which the decision is made.
(8)In determining the withdrawal date, the [F52CMA] must have regard to the amount of time which the parties are likely to require in order to secure that there is no further infringement of the Chapter I prohibition with respect to the agreement.
(9)In subsection (1) “price fixing agreement” means an agreement which has as its object or effect, or one of its objects or effects, restricting the freedom of a party to the agreement to determine the price to be charged (otherwise than as between that party and another party to the agreement) for the product, service or other matter to which the agreement relates.
Textual Amendments
F48Words in s. 39 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 24(3)
F49Words in s. 39(3) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 24(2)
F50Word in s. 39(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 23 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F51Words in s. 39 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(31); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F52Word in s. 39(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 23 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section.
(2)The criteria by reference to which a category is prescribed may, in particular, include—
(a)the turnover of the person whose conduct it is (determined in accordance with prescribed provisions);
(b)the share of the market affected by the conduct (determined in that way).
(3)A person is immune from the effect of section 36(2)[F53, so far as that provision relates to decisions about infringement of the Chapter II prohibition,] if [F54its] conduct is conduct of minor significance; but the [F55CMA] may withdraw that immunity under subsection (4).
(4)If the [F55CMA] has investigated conduct of minor significance, [F56it] may make a decision withdrawing the immunity given by subsection (3) if, as a result of [F56its] investigation, [F56it] considers that the conduct is likely to infringe the Chapter II prohibition.
(5)The [F55CMA] must give the person, or persons, whose immunity has been withdrawn written notice of [F54its] decision to withdraw the immunity.
(6)A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.
(7)The withdrawal date must be a date after the date on which the decision is made.
(8)In determining the withdrawal date, the [F57CMA] must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.
Textual Amendments
F53Words in s. 40(3) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 25(2)
F54Word in s. 40(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(32)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F55Word in s. 40(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 24 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F56Words in s. 40(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(32)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F57Word in s. 40(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 24 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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