Enterprise Act 2002

189 Cartel offence: supplementaryU.K.

This section has no associated Explanatory Notes

(1)For section 188(2)(a), the appropriate circumstances are that A’s supply of the product or service would be at a level in the supply chain at which the product or service would at the same time be supplied by B in the United Kingdom.

(2)For section 188(2)(b), the appropriate circumstances are that A’s supply of the product or service would be at a level in the supply chain—

(a)at which the product or service would at the same time be supplied by B in the United Kingdom, or

(b)at which supply by B in the United Kingdom of the product or service would be limited or prevented by the arrangements.

(3)For section 188(2)(c), the appropriate circumstances are that A’s production of the product would be at a level in the production chain—

(a)at which the product would at the same time be produced by B in the United Kingdom, or

(b)at which production by B in the United Kingdom of the product would be limited or prevented by the arrangements.

(4)For section 188(2)(d), the appropriate circumstances are that A’s supply of the product or service would be at the same level in the supply chain as B’s.

(5)For section 188(3)(a), the appropriate circumstances are that B’s supply of the product or service would be at a level in the supply chain at which the product or service would at the same time be supplied by A in the United Kingdom.

(6)For section 188(3)(b), the appropriate circumstances are that B’s supply of the product or service would be at a level in the supply chain—

(a)at which the product or service would at the same time be supplied by A in the United Kingdom, or

(b)at which supply by A in the United Kingdom of the product or service would be limited or prevented by the arrangements.

(7)For section 188(3)(c), the appropriate circumstances are that B’s production of the product would be at a level in the production chain—

(a)at which the product would at the same time be produced by A in the United Kingdom, or

(b)at which production by A in the United Kingdom of the product would be limited or prevented by the arrangements.