- Latest available (Revised)
- Point in Time (01/05/2004)
- Original (As made)
Version Superseded: 01/08/2012
Point in time view as at 01/05/2004.
There are currently no known outstanding effects for the The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1. These Regulations may be cited as the Competition Act 1998 and other enactments (Amendment) Regulations 2004 and shall come into force—
(a)for the purposes of regulation 4 as it gives effect to paragraphs 50(a) and 54(8) of Schedule 1, on 1st May 2007; and
(b)for all other purposes, on 1st May 2004.
2. In these Regulations—
“the 1998 Act” means the Competition Act 1998 M1;
“the appointed day” means the 1st May 2004;
“the EC Competition Regulation” means Council Regulation (EC) No. 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty M2;
“the OFT” means the Office of Fair Trading; and
“the Treaty” means the treaty establishing the European Community.
3.—(1) Subject to paragraphs (2) and (3) below, the following persons are hereby designated as national competition authorities pursuant to Article 35 of the EC Competition Regulation—
(a)the OFT; and
(b)any regulator mentioned in section 54(1) of the 1998 Act.
(2) The OFT is designated as a national competition authority for the purposes of exercising all of the powers and functions of a competition authority of a Member State under Chapters I, II, IV, V, VIII and IX of the EC Competition Regulation.
(3) Any person mentioned in paragraph (1)(b) above is designated as a national competition authority for the purposes of exercising all of the powers and functions of a competition authority of a Member State under Chapters I, II, IV, VIII and IX of the EC Competition Regulation.
4. The amendments to the 1998 Act specified in Schedule 1 to these Regulations shall have effect.
5. The amendments to other enactments specified in Schedule 2 to these Regulations shall have effect.
6.—(1) Paragraph (2) applies if an individual exemption from the prohibition imposed by section 2(1) of the 1998 Act has been granted before the appointed day and has not expired or been cancelled before that day.
(2) The repeals made by these Regulations do not affect that exemption (or a condition or an obligation relating to it); but this does not allow the OFT, on or after the appointed day, to extend that exemption under section 4(6) of the 1998 Act.
(3) Section 5 of the 1998 Act, despite its repeal by these Regulations, shall continue in effect while any individual exemption has effect.
(4) In this regulation “individual exemption” means an exemption granted under section 4 of the 1998 Act (including one granted by virtue of paragraph 3(2)(c) of Schedule 8 to that Act).
7.—(1) Paragraph (2) applies if, before the appointed day, the European Commission adopted a decision pursuant to Article 81(3) of the Treaty in relation to an agreement and that decision has not expired or been revoked.
(2) Section 10 of the 1998 Act has effect in relation to the agreement without the amendment made by paragraph 7(2) of Schedule 1.
(3) Section 2(5) of the 1998 Act applies to this regulation as it applies to Part 1 of that Act.
8.—(1) This regulation applies where, before the appointed day, the OFT has made a decision falling within paragraph (c), (d) or (e) of section 46(3), or has made a decision falling within paragraph (f) of section 46(3) in relation to an individual exemption.
(2) This regulation also applies where, on or after the appointed day, the OFT (by virtue of regulation 6) makes under section 5 of the 1998 Act a decision falling within paragraph (d)(i) or (ii) or (f) of section 46(3).
(3) Where this regulation applies—
(a)sections 46 and 47 of and Schedule 8 to the 1998 Act shall have effect in relation to the decision in question without the amendments made by these Regulations; and
(b)on an appeal in respect of that decision, the powers under paragraph 3(2) of Schedule 8 to that Act are not affected by the repeal by these Regulations of section 4 or 5 of this Act; but this does not allow the Competition Appeal Tribunal, on or after the appointed day, to extend the individual exemption.
(4) In this regulation—
(a)references to section 46(3) are to section 46(3) of the 1998 Act as that subsection had effect before the appointed day; and
(b)“individual exemption” has the same meaning as in regulation 6.
9.—(1) Paragraph (2) applies if—
(a)an agreement has been notified before the appointed day to the OFT under section 13 or 14 of the 1998 Act and, on the appointed day, the OFT has not determined the application made in respect of the agreement, or
(b)an agreement has been notified before the appointed day to the European Commission for a decision as to whether an exemption will be granted under Article 81(3) of the Treaty with respect to the agreement and, on the appointed day, the European Commission has not determined the matter.
(2) No penalty may be imposed under Part 1 of the 1998 Act in respect of any infringement of the Chapter I prohibition by the agreement which occurred during the period beginning with the date on which notification was given and ending with the appointed day.
10. Where section 5 of the 1998 Act continues to have effect by virtue of regulation 6, paragraph 6 of Schedule 9 to that Act shall continue to have effect despite its repeal by these Regulations.
Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
30th April 2004
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: