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Competition Act 1998
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- UK Public General Acts
- 1998 c. 41
- Part IV
- Section 73
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Changes to legislation:
Competition Act 1998, Section 73 is up to date with all changes known to be in force on or before 16 November 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25A(1A) inserted by 2024 c. 13 Sch. 28 para. 9(3)
- s. 25B inserted by 2024 c. 13 s. 121(2)
- s. 25B(1)(a) words in s. 25B(1) renumbered as s. 25B(1)(a) by 2024 c. 13 Sch. 28 para. 10(2)(a)
- s. 25B(1)(b) and word inserted by 2024 c. 13 Sch. 28 para. 10(2)(b)
- s. 25B(2) words inserted by 2024 c. 13 Sch. 28 para. 10(3)
- s. 28(2)(g)-(i) inserted by 2024 c. 13 s. 122(3)(b)
- s. 28A(2)(g)-(i) words omitted by 2024 c. 13 s. 122(6)(b)
- s. 30(1A) inserted by 2024 c. 13 s. 122(7)
- s. 31A(2A) inserted by 2024 c. 13 Sch. 11 para. 2
- s. 31E(4) inserted by 2024 c. 13 Sch. 11 para. 3
- s. 31G-31L and cross-heading inserted by S.I. 2019/93, reg. 8A (as inserted) by S.I. 2019/1245 reg. 3 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 34(4) inserted by 2024 c. 13 Sch. 11 para. 5
- s. 40A(7)(d) inserted by 2024 c. 13 Sch. 28 para. 11
- s. 40B(5A) inserted by 2024 c. 13 Sch. 10 para. 10(5)
- s. 40ZD(3)(a) words in s. 40ZD(3) renumbered as s. 40ZD(3)(a) by 2024 c. 13 Sch. 10 para. 6(2)
- s. 40ZD(3)(b) and word inserted by 2024 c. 13 Sch. 10 para. 6(3)
- s. 40ZE inserted by 2024 c. 13 Sch. 10 para. 8
- s. 40ZE(1)(a) words inserted by 2024 c. 13 s. 121(3)
- s. 42(8) inserted by 2024 c. 13 Sch. 10 para. 11(3)
- s. 43(1A) inserted by 2024 c. 13 Sch. 10 para. 12
- s. 44(2A) inserted by 2024 c. 13 Sch. 10 para. 13
- s. 44A and cross-heading inserted by 2024 c. 13 Sch. 13 para. 2
- s. 44B inserted by 2024 c. 13 Sch. 13 para. 15
- s. 46(3)(ha)(hb) inserted by 2024 c. 13 s. 124(1)(a)
- s. 46(3)(ha)(hb) inserted by S.I. 2019/93, reg. 14(d) (as inserted) by S.I. 2019/1245 reg. 5 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 47(1)(ca) inserted by S.I. 2019/93, reg. 15(b) (as substituted) by S.I. 2019/1245 reg. 6 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 47A(3A) inserted by 2024 c. 13 Sch. 3 para. 3
- s. 47DA inserted by 2024 c. 13 Sch. 3 para. 4
- s. 49(1A)(c) and word inserted by 2024 c. 13 Sch. 3 para. 7(3)
- s. 60A(10) inserted by 2023 c. 28 s. 6(10)
- s. 109B inserted by 2024 c. 13 Sch. 13 para. 16
- Sch. 6A para. 1A inserted by S.I. 2019/93, reg. 29A(2) (as inserted) by S.I. 2019/1245 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 6A Pt. 3 inserted by S.I. 2019/93, reg. 29A(4) (as inserted) by S.I. 2019/1245 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 8A para. 15(1) Sch. 8A para. 15 renumbered as Sch. 8A para. 15(1) by 2024 c. 13 s. 126(2)(a)(i)
- Sch. 8A para. 7(2A) inserted by 2024 c. 13 s. 116(6)(a)
- Sch. 8A para. 15(2) inserted by 2024 c. 13 s. 126(2)(a)(iii)
- Sch. 8A para. 19(6A) inserted by 2024 c. 13 Sch. 3 para. 8(8)
- Sch. 8A para. 42(1)(a)(b) substituted for words by 2024 c. 13 Sch. 3 para. 8(11)
- Sch. 8A para. 15(1) word substituted by 2024 c. 13 s. 126(2)(a)(ii)
73 Crown application.U.K.
(1)Any provision made by or under this Act binds the Crown except that—
(a)the Crown is not criminally liable as a result of any such provision;
(b)the Crown is not liable for any penalty under any such provision; and
(c)nothing in this Act affects Her Majesty in her private capacity.
(2)Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.
(3)Subsection (1)(c) is to be interpreted as if section 38(3) of the M1Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
[F1(4)If an investigation is conducted under section 25 F2... in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—
(a)the power conferred by section 27 F3... may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; and
(b)[F4sections 28 and 28A do not apply] in relation to land so occupied.]
(5)In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(6A)In [F7subsection (4)] “agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.]
(7)[F8In subsection (6) “infringement” means an infringement of [F9EU] law relating to Article 85 or 86 of the Treaty establishing the European Community.]
(8)If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—
(a)conferred by section 27 F10..., or
(b)that may be conferred by a warrant under [F11section 28 or 28A],
should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.
(9)Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown.
Textual Amendments
F1S. 73(4) 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. 46(2)
F2Words in s. 73(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 73(4)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 73(4)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5S. 73(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(3); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 73(6A) 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. 46(4)
F7Words in s. 73(6A) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(4); 2020 c. 1, Sch. 5 para. 1(1)
F8S. 73(7) 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. 46(5) (with reg. 6(2))
F9Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
F10Words in s. 73(8)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in s. 73(8)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
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