The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996

Interpretation

2.—(1) In these Regulations —

“the 1973 Act” means the Fair Trading Act 1973;(1)

“Commission” means the Commission of the European Communities;

“the Director” means the Director General of Fair Trading;

“the MMC” means the Monopolies and Mergers Commission;

“practice” means any form of conduct or any other matter which may constitute an abuse of a dominant position;

“qualifying undertaking” means an undertaking which is —

(a )

in the case of an individual, a citizen of the United Kingdom and Colonies, or

(b )

a body corporate incorporated under the law of the United Kingdom, or of a part of the United Kingdom, or

(c )

a person carrying on business in the United Kingdom, either alone or in partnership with one or more other persons.

(2) References in these Regulations to Articles are (except where the contrary intention appears) references to Articles of the treaty establishing the European Community.

(3) Except in the case of the word “undertaking” in regulations 14, 20, 22 and 24, expressions used in these Regulations and in Article 85, 86, 88 or 89 shall have the meaning they bear in the treaty establishing the European Community.

(4) Any provision of these Regulations which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).

(1)

1973 c. 41.