Competition Act 1998

The Fair Trading Act 1973 (c. 41)

1 (1) The Fair Trading Act 1973 is amended as follows.

(2) Omit section 4 and Schedule 3 (which make provision in respect of the Monopolies and Mergers Commission).

(3) Omit—

(a) section 10(2),

(b) section 54(5),

(c) section 78(3),

(d) paragraph 3(1) and (2) of Schedule 8,

(which fall with the repeal of the [1976 c. 34.] Restrictive Trade Practices Act 1976).

(4) In section 10 (supplementary provisions about monopoly situations), in subsection (8), for “to (7)” substitute “and (3) to (7)”.

(5) In sections 35 and 37 to 41, for “the Restrictive Practices Court”, in each place, substitute “a relevant Court”.

(6) After section 41, insert—

“41A Meaning of “relevant Court”

In this Part of this Act, “relevant Court”, in relation to proceedings in respect of a course of conduct maintained in the course of a business, means any of the following courts in whose jurisdiction that business is carried on—

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session.”

(7) In section 42 (appeals from decisions or orders of courts under Part III)—

(a) in subsection (1), at the end, add “; but this subsection is subject to subsection (3) of this section”;

(b) in subsection (2)(b), after “Scotland,” insert “from the sheriff court”; and

(c) after subsection (2), add—

“(3) A decision or order of the Court of Session as the relevant Court may be reviewed, whether on a question of fact or on a question of law, by reclaiming to the Inner House.”

(8) Omit section 45 (power of the Director to require information about complex monopoly situations).

(9) In section 81 (procedure in carrying out investigations)—

(a) in subsection (1)—

(i) in the words before paragraph (a), omit from “and the Commission” to “of this Act)”;

(ii) in paragraph (b), omit “or the Commission, as the case may be,” and “or of the Commission”;

(b) in subsection (2), omit “or the Commission” and “or of the Commission”; and

(c) in subsection (3), omit from “and, in the case,” to “85 of this Act” and “or the Commission, as the case may be,”.

(10) In section 85 (attendance of witnesses and production of documents on investigations by Competition Commission of references under the [1973 c. 41.] Fair Trading Act 1973), in subsection (1)(b)—

(a) after “purpose”, insert “(i)”;

(b) after the second “notice”, insert “or

(ii) any document which falls within a category of document which is specified, or described, in the notice,”.

(11) In section 85, in subsection (1)(c), after “estimates” (in both places), insert “forecasts”.

(12) In section 85, after subsection (1), insert—

“(1A) For the purposes of subsection (1) above—

(a) “document” includes information recorded in any form;

(b) the power to require the production of documents includes power to take copies of, or extracts from, any document produced; and

(c) in relation to information recorded otherwise than in legible form, the power to require it to be produced includes power to require it to be produced in legible form, so far as the means to do so are within the custody or under the control of the person on whom the requirement is imposed.”

(13) In section 85(2), for “any such investigation” substitute “an investigation of the kind mentioned in subsection (1)”.

(14) In section 133 (general restrictions on disclosure of information), in subsection (2)(a), after “the Coal Industry Act 1994” insert “or the Competition Act 1998”.

(15) In section 135(1) (financial provisions)—

(a) in the words before paragraph (a) and in paragraph (b), omit “or the Commission”; and

(b) omit paragraph (a).