Scotland Act 1998 Explanatory Notes

General

This reservation is designed to ensure the continuation of a common United Kingdom system for the regulation of competition matters.  Responsibility for competition policy rests with the Secretary of State for Trade and Industry.

Competition matters are currently regulated by the Competition Act 1998 which introduced a prohibition approach to anti-competitive agreements and abuse of a dominant position.  The Director General of Fair Trading is responsible for enforcement of the prohibitions with rights of appeal to a new tribunal within a new Competition Commission.  The Competition Commission will also take over the existing functions of the Monopolies and Merger Commission.  Existing merger and monopoly legislation under the Fair Trading Act 1973 will remain in force.

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