F1PART 9ARules and Guidance

CHAPTER 4Competition scrutiny

140AInterpretation

(1)

In this Chapter—

“market in the United Kingdom” includes—

(a)

so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory, and

(b)

any market which operates only in a part of the United Kingdom;

“the OFT” means the Office of Fair Trading;

“practices”, in relation to each regulator, means practices adopted by that regulator in the exercise of functions under this Act;

“regulating provisions” means—

(a)

in relation to the FCA, any—

  1. (i)

    rules of the FCA;

  2. (ii)

    general guidance (as defined by section 139B(5));

  3. (iii)

    statement issued by the FCA under section 64;

  4. (iv)

    code issued by the FCA under section 64 or 119;

(b)

in relation to the PRA, any—

  1. (i)

    rules of the PRA;

  2. (ii)

    statement issued by the PRA under section 64;

  3. (iii)

    code issued by the PRA under section 64.

(2)

In this Chapter each of the Competition Commission and the OFT is “a competition authority”.

(3)

For the purposes of this Chapter, any reference to a feature of a market in the United Kingdom for goods or services is to be read as a reference to—

(a)

the structure of the market concerned or any aspect of that structure,

(b)

any conduct (whether or not in the market concerned) of one or more than one person who supplies or acquires goods or services in the market concerned, or

(c)

any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services.

(4)

In subsection (3) “conduct” includes any failure to act (whether or not intentional) and any other unintentional conduct.