PART 2Amendment of the Competition Act 1998

I130

1

Schedule 8A M1 is amended as follows.

2

In paragraph 2(1)—

a

at the end of paragraph (a), insert “ and ”;

b

omit paragraphs (c) and (d).

3

In paragraph 3—

a

in sub-paragraph (1)—

i

at the end of paragraph (a), insert “ and ”;

ii

omit paragraphs (c) and (d);

b

omit sub-paragraph (2);

c

in sub-paragraph (4)—

i

for “Subsections (3) and (4) of section 58A apply” substitute “ Section 58A(3) applies ”;

ii

for “the CMA, a regulator or the Commission” substitute “ the CMA or a regulator ”;

d

omit sub-paragraphs (5) and (6).

4

In paragraph 12—

a

in sub-paragraph (5), at the end insert “ (“the SME Annex”), subject to sub-paragraph (6) ”;

b

after sub-paragraph (5), insert—

6

For the purposes of this paragraph, the SME Annex has effect as if—

a

in Article 2(1), for “EUR 50 million and/or an annual balance sheet total not exceeding EUR 43 million” there were substituted “ £44,000,000 and/or an annual balance sheet total not exceeding £38,000,000 ”;

b

in Article 2(2), for “EUR 10 million” there were substituted “ £8,800,000 ”;

c

in Article 2(3), for “EUR 2 million” there were substituted “ £1,750,000 ”;

d

in Article 3(2)(a), for “EUR 1 250 000” there were substituted “ £1,100,000 ”;

e

in Article 3(2)(d), for “EUR 10 million” there were substituted “ £8,800,000 ”;

f

in Article 3(5), for “by national or Community rules” there were substituted “ under the law of the United Kingdom (or any part of it) ”;

g

in Article 5(b), for “national law” there were substituted “ the law of the United Kingdom (or any part of it) ”.

5

In paragraph 14(1)(a), omit “or the prohibition in Article 101(1)”.

6

Omit paragraph 35 (and the italic heading before it).