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Statutory Instruments
Competition
Made
4th May 2022
Laid before Parliament
9th May 2022
Coming into force
1st June 2022
The Competition and Markets Authority has recommended that the Secretary of State make an order specifying certain categories of vertical agreements for the purposes of section 6 of the Competition Act 1998(1) (“the Act”).
In accordance with section 8 of the Act(2), before making the recommendation the Competition and Markets Authority published details of the proposed recommendation and considered the representations about it which were made to it(3).
The Secretary of State has decided to give effect to the recommendation without modifications and makes the following Order in exercise of the powers conferred by sections 6(2), (5), (6) and (7) and 71(3) of the Act.
1998 c. 41. Section 6 was amended by paragraph 2 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 (c. 24) to give the function of making recommendations to the Competition and Markets Authority. The Competition and Markets Authority was established by section 25 of that Act. This function was previously the responsibility of the Director General for Fair Trading and then the Office of Fair Trading. Other amendments to section 6 were made by paragraph 38 of Schedule 25 to the Enterprise Act 2002 (c. 40) and S.I. 2004/1261. “Vertical agreement” is defined in article 3(2) of this Order.
Section 8 was amended by paragraph 38 of Schedule 25 to the Enterprise Act 2002 and paragraph 3 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.
The Competition and Markets Authority’s proposed recommendation and responses to its consultation can be found online at https://www.gov.uk/government/consultations/retained-vertical-block-exemption-regulation or obtained by writing to Competition and Markets Authority, The Cabot, 25 Cabot Square, London E14 4QZ.
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