The Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999

Transitory provisions in respect of the Competition Act 1980

8.  Prior to the repeals made by section 74(3) of and Schedule 14 to the Competition Act 1998, sections 5 and 7 of the Competition Act 1980(1) are to have effect subject to the substitution in section 5(1) (competition references) of “Competition Commission” for “Monopolies and Mergers Commission” and the substitution for section 7(6) (supplementary provisions as to competition references) of the following provisions–

(6) The provisions mentioned in subsection (6A) are to apply in relation to competition references as if–

(a)the functions of the Commission in relation to those references were functions under the Fair Trading Act 1973;

(b)the expression “merger reference” included a competition reference; and

(c)in paragraph 20(2)(a) of Schedule 7 to the Competition Act 1998, the reference to section 56 of the Fair Trading Act 1973 were a reference to sections 9 and 10 below.

(6A) The provisions are–

(a)sections 70 (time limit for report on merger), 84 (public interest) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973; and

(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Commission’s general functions).