The Competition Act 1998 (Determination of Turnover for Penalties) (Amendment) Order 2004

Amendment of the 2000 Order

2.—(1) The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000(1) is amended as follows.

(2) In article 2(1), the definition of “length of the infringement” shall cease to have effect.

(3) For article 3, substitute the following—

• “The turnover of an undertaking for the purposes of section 36(8) is the applicable turnover for the business year preceding the date on which the decision of the OFT is taken or, if figures are not available for that business year, the one immediately preceding it.”.

(4) In the Schedule—

(a) in paragraph 1(1), the definition of “branch” shall cease to have effect;

(b) in paragraph 3, the words “to undertakings or consumers in the United Kingdom” shall cease to have effect;

(c) in paragraph 5—

(i) for the words “as defined” there is substituted “items listed”;

(ii) the words “the branch or division of” shall cease to have effect; and

(iii) the words “established in the United Kingdom” shall cease to have effect; and

(d) in paragraph 6, the words “from residents of the United Kingdom” shall cease to have effect.

(1)

S.I. 2000/309 (as amended by S.I. 2000/2952 and S.I. 2002/765).