371OFCOM’s functions under the Competition Act 1998U.K.
(1)The functions to which subsection (2) applies shall be concurrent functions of OFCOM and the [F1CMA].
[F2(2)This subsection applies to the functions of the [F1CMA] under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) [F3, 40B(1) to (4)] and 51), so far as relating to—
(a)agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b)conduct of the kind mentioned in section 18(1) of that Act, [F4or]
[F5(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),]
which relate to activities connected with communications matters.]
(3)So far as necessary for the purposes of, or in connection with, the provisions of subsections (1) and (2), references to the [F1CMA] in Part 1 of the Competition Act 1998 are to be read as including references to OFCOM, except—
(a)[F6in sections 31D(1) to (6), 38(1) to (6)] [F7, 40B(1) to (4)], 51, 52(6) and (8) and 54, and
(b)where the context otherwise requires.
(4)In subsection (2), the reference to activities connected with communications matters, so far as it is a reference to activities connected with any apparatus falling within paragraph (d) of section 369(1), includes a reference to—
(a)the supply and export of any such apparatus; and
(b)the production or acquisition of any such apparatus for supply or export.
(5)In section 54 of the Competition Act 1998—
(a)in subsection (1) (definition of “regulator” for the purposes of Part 1 of that Act), for paragraph (a) there shall be substituted—
“(a)the Office of Communications;”
(b)in subsection (4) (power to make regulations about concurrent functions of the [F1CMA] and sectoral regulators), “or by Chapter V of Part I of the Transport Act 2000” there shall be inserted “ to this Act, by Chapter 5 of Part 1 of the Transport Act 2000 or by section 371 of the Communications Act 2003 ”.
(6)In paragraph 5 of Schedule 2 to the Competition Act 1998 (publication of list of networking arrangements under the 1990 Act excluded from the Chapter 1 prohibition)—
(a)in sub-paragraph (2), for “The Independent Television Commission (“ITC”)” there shall be substituted “ OFCOM ”; and
(b)in sub-paragraph (3), for “The ITC” there shall be substituted “ OFCOM ”.
(7)In section 59(1) of the Competition Act 1998 (interpretation of Part 1), after the definition of “Minister of the Crown” there shall be inserted—
““OFCOM” means the Office of Communications;”.
(8)OFCOM may carry out, in respect of activities connected with communications matters and concurrently with the [F1CMA], the functions of the [F1CMA] under any of paragraphs 3, 7, 19(3) and 36 to 39 of Schedule 13 to the Competition Act 1998 (transitional provisions).
(9)If any question arises as to whether, by virtue of this section, any functions fall to be, or are capable of being, carried out by OFCOM in relation to a particular case, that question shall be referred to and determined by the Secretary of State.
(10)No objection shall be taken to anything done under by or in relation to OFCOM under the Competition Act 1998 (c. 41) on the ground that it should have been done by or in relation to the [F1CMA].
(11)Subject to subsection (12), [F8section 3 of this Act (general duties) and section 29 of the Postal Services Act 2011 (duty to secure provision of universal postal service) do not] apply in relation to anything done by OFCOM in the carrying out of their functions by virtue of this section.
(12)In the carrying out of any functions by virtue of this section OFCOM may nevertheless have regard to any of the matters in respect of which a duty is imposed by [F9section 3(1) to (4) of this Act or section 29 of the Postal Services Act 2011] if it is a matter to which the [F1CMA] is entitled to have regard in the carrying out of those functions.
Textual Amendments
F1Word in s. 371 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 162 (with art. 3)
F2S. 371(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 11(2)(a)
F3Words in s. 371(2) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 46; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F4Word in s. 371(2)(b) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 11(2)(a) (as substituted by S.I. 2020/1343, regs. 1(1), 23(2))
F5S. 371(2)(c) substituted for s. 371(2)(c)(d) (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 11(2)(b) (as substituted by S.I. 2020/1343, regs. 1(1), 23(2))
F6Words in s. 371(3)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 11(2)(b)
F7Words in s. 371(3)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), Sch. 15 para. 46; S.I. 2014/416, art. 2(1)(f) (with Sch.)
F8Words in s. 371(11) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 64(2); S.I. 2011/2329, art. 3
F9Words in s. 371(12) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 64(3); S.I. 2011/2329, art. 3
Commencement Information
I1S. 371 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2S. 371 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)