UKPGA-1998-41 Competition Act 1998 UK

Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom and which—are prohibited unless they are exempt in accordance with the provisions of this Part.

Subsection (1) applies, in particular, to agreements, decisions or practices which—

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Any agreement or decision which is prohibited by subsection (1) is void.

A provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).

Subsection (5) does not apply where the context otherwise requires.

In this section “the United Kingdom” means, in relation to an agreement which operates or is intended to operate only in a part of the United Kingdom, that part.

The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter I prohibition”.

The Chapter I prohibition does not apply in any of the cases in which it is excluded by or as a result of—

The Secretary of State may at any time by order amend Schedule 1, with respect to the Chapter I prohibition, by—

The Secretary of State may at any time by order amend Schedule 3, with respect to the Chapter I prohibition, by—

The power under subsection (3) to provide for an additional exclusion may be exercised only if it appears to the Secretary of State that agreements which fall within the additional exclusion—

An order under subsection (2)(a) or (3)(a) may include provision (similar to that made with respect to any other exclusion provided by the relevant Schedule) for the exclusion concerned to cease to apply to a particular agreement.

Schedule 3 also gives the Secretary of State power to exclude agreements from the Chapter I prohibition in certain circumstances.

The OFT may grant an exemption from the Chapter I prohibition with respect to a particular agreement if—

An exemption granted under this section is referred to in this Part as an individual exemption.

The exemption—

That period must be specified in the grant of the exemption.

An individual exemption may be granted so as to have effect from a date earlier than that on which it is granted.

On an application made in such way as may be specified by rules under section 51, the OFT may extend the period for which an exemption has effect; but, if the rules so provide, it may do so only in specified circumstances.

If the OFT has reasonable grounds for believing that there has been a material change of circumstance since it granted an individual exemption, it may by notice in writing—

If the OFT has a reasonable suspicion that the information on which it based its decision to grant an individual exemption was incomplete, false or misleading in a material particular, it may by notice in writing take any of the steps mentioned in subsection (1).

Breach of a condition has the effect of cancelling the exemption.

Failure to comply with an obligation allows the OFT, by notice in writing, to take any of the steps mentioned in subsection (1).

Any step taken by the OFT under subsection (1), (2) or (4) has effect from such time as may be specified in the notice.

If an exemption is cancelled under subsection (2) or (4), the date specified in the notice cancelling it may be earlier than the date on which the notice is given.

The OFT may act under subsection (1), (2) or (4) on its own initiative or on a complaint made by any person.

If agreements which fall within a particular category of agreement are, in the opinion of the CMA, likely to be exempt agreements, the CMA may recommend that the Secretary of State make an order specifying that category for the purposes of this section.

The Secretary of State may make an order (“a block exemption order”) giving effect to such a recommendation—

An agreement which falls within a category specified in a block exemption order is exempt from the Chapter I prohibition.

An exemption under this section is referred to in this Part as a block exemption.

A block exemption order may impose conditions or obligations subject to which a block exemption is to have effect.

A block exemption order may provide—

A block exemption order may provide that the order is to cease to have effect at the end of a specified period.

In this section—“exempt agreement” means an agreement which is exempt from the Chapter I prohibition as a result of section 9; and“specified” means specified in a block exemption order.

A block exemption order may provide that a party to an agreement which—may notify the OFT of the agreement for the purposes of subsection (2).

An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) is to be treated, as from the end of the notice period, as falling within a category specified in a block exemption order unless the OFT—

If the OFT gives notice of its opposition under subsection (2), the notification under subsection (1) is to be treated as both notification under section 14 and as a request for an individual exemption made under subsection (3) of that section.

In this section “notice period” means such period as may be specified with a view to giving the OFT sufficient time to consider whether to oppose under subsection (2).

Before making a recommendation under section 6(1), the CMA must—

If the Secretary of State proposes to give effect to such a recommendation subject to modifications, he must inform the CMA of the proposed modifications and take into account any comments made by the CMA .

If, in the opinion of the CMA , it is appropriate to vary or revoke a block exemption order it may make a recommendation to that effect to the Secretary of State.

Subsection (1) also applies to any proposed recommendation under subsection (3).

Before exercising its power to vary or revoke a block exemption order (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—

A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made.

An agreement is exempt from the Chapter I prohibition if it—

In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.

An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in an assimilated block exemption regulation.

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An exemption from the Chapter I prohibition under this section is referred to in this Part as an assimilated exemption.

An assimilated exemption—

In such circumstances and manner as may be specified in rules made under section 51, the CMA may—

In such circumstances as may be specified in rules made under section 51, the date from which cancellation of an exemption is to take effect may be earlier than the date on which notice of cancellation is given.

Breach of a condition imposed by the CMA has the effect of cancelling the exemption.

In exercising its powers under this section, the CMA may require any person who is a party to the agreement in question to give it such information as it may require.

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In this Part, “assimilated block exemption regulation” means the following regulations as amended from time to time—

The Secretary of State may by regulations vary or revoke an assimilated block exemption regulation.

In exercising the power under subsection (1), the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.

If, in the opinion of the CMA, it is appropriate to vary or revoke an assimilated block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.

Before making a recommendation under subsection (3), the CMA must—

Before exercising the power to vary or revoke an assimilated block exemption regulation (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—

Sections 13 and 14 provide for an agreement to be examined by the OFT on the application of a party to the agreement who thinks that it may infringe the Chapter I prohibition.

Schedule 5 provides for the procedure to be followed—

The Secretary of State may by regulations make provision as to the application of sections 13 to 16 and Schedule 5, with such modifications (if any) as may be prescribed, in cases where the OFT—

A party to an agreement who applies for the agreement to be examined under this section must—

On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the agreement is likely to infringe the Chapter I prohibition.

If the OFT considers that the agreement is likely to infringe the prohibition if it is not exempt, its guidance may indicate—

If an agreement to which the prohibition applies has been notified to the OFT under this section, no penalty is to be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period—

The date specified in a notice under subsection (4)(b) may not be earlier than the date on which the notice is given.

A party to an agreement who applies for the agreement to be examined under this section must—

On an application under this section, the OFT may make a decision as to—

If an agreement is notified to the OFT under this section, the application may include a request for the agreement to which it relates to be granted an individual exemption.

If an agreement to which the prohibition applies has been notified to the OFT under this section, no penalty is to be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period—

The date specified in a notice under subsection (4)(b) may not be earlier than the date on which the notice is given.

This section applies to an agreement if the OFT has determined an application under section 13 by giving guidance that—

The OFT is to take no further action under this Part with respect to an agreement to which this section applies, unless—

No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies.

But the OFT may remove the immunity given by subsection (3) if—

If the OFT has a reasonable suspicion that information—was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

This section applies to an agreement if the OFT has determined an application under section 14 by making a decision that the agreement has not infringed the Chapter I prohibition.

The OFT is to take no further action under this Part with respect to the agreement unless—

No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies.

But the OFT may remove the immunity given by subsection (3) if—

If the OFT has a reasonable suspicion that information—was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

Subject to section 19, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market is prohibited if it may affect trade within the United Kingdom.

Conduct may, in particular, constitute such an abuse if it consists in—

In this section—“dominant position” means a dominant position within the United Kingdom; and“the United Kingdom” means the United Kingdom or any part of it.

The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter II prohibition”.

The Chapter II prohibition does not apply in any of the cases in which it is excluded by or as a result of—

The Secretary of State may at any time by order amend Schedule 1, with respect to the Chapter II prohibition, by—

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Schedule 3 also gives the Secretary of State power to provide that the Chapter II prohibition is not to apply in certain circumstances.

Sections 21 and 22 provide for conduct of a person which that person thinks may infringe the Chapter II prohibition to be considered by the OFT on the application of that person.

Schedule 6 provides for the procedure to be followed—

A person who applies for conduct to be considered under this section must—

On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the Chapter II prohibition.

A person who applies for conduct to be considered under this section must—

On an application under this section, the OFT may make a decision as to—

This section applies to conduct if the OFT has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.

The OFT is to take no further action under this Part with respect to the conduct to which this section applies, unless—

No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.

But the OFT may remove the immunity given by subsection (3) if—

If the OFT has a reasonable suspicion that information—was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

This section applies to conduct if the OFT has determined an application under section 22 by making a decision that the conduct has not infringed the Chapter II prohibition.

The OFT is to take no further action under this Part with respect to the conduct unless—

No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.

But the OFT may remove the immunity given by subsection (3) if—

If the OFT has a reasonable suspicion that information—was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

In any of the following cases, the CMA may conduct an investigation.

The first case is where there are reasonable grounds for suspecting that there is an agreement which—

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The third case is where there are reasonable grounds for suspecting that the Chapter II prohibition has been infringed.

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The fifth case is where there are reasonable grounds for suspecting that, at some time in the past, there was an agreement which at that time—

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Subsection (2) does not permit an investigation to be conducted in relation to an agreement if the CMA—

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Subsection (6) does not permit an investigation to be conducted in relation to any agreement if the CMA considers that, at the time in question, the agreement was exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption.

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It is immaterial for the purposes of subsection (6)... whether the agreement in question remains in existence.

Where the CMA decides to conduct an investigation it may publish a notice which may, in particular—

Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the CMA may publish a notice which may, in particular—

Section 57 does not apply to a notice under subsection (1) or (1A) to the extent that it includes information other than information mentioned in the subsection concerned.

Subsection (4) applies if—

The CMA must publish a notice stating that the activities of the undertaking in question are no longer being investigated.

Subsection (2) applies where a person knows or suspects that—

The person must not—a document which the person knows or suspects is or would be relevant to the investigation or to the provision of such assistance.

In this section, the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

For the purposes of an investigation under section 25, the CMA may require any person to produce to it a specified document, or to provide it with specified information, which it considers relates to any matter relevant to the investigation.

The power conferred by subsection (1) is to be exercised by a notice in writing.

A notice under subsection (2) must ...—

In subsection (1) “specified” means—

The CMA may also specify in the notice—

The power under this section to require a person to produce a document includes power—

For the purposes of an investigation, the CMA may give notice to an individual... requiring the individual to answer questions with respect to any matter relevant to the investigation—

The CMA must give a copy of the notice under subsection (1) to any relevant undertaking with which the individual has a current connection at the time the notice is given to the individual.

The CMA must take such steps as are reasonable in all the circumstances to comply with the requirement under subsection (2) before the time at which the individual is required to answer questions.

Where the CMA does not comply with the requirement under subsection (2) before the time mentioned in subsection (3), it must comply with that requirement as soon as practicable after that time.

A notice under subsection (1) must be in writing and must...—

For the purposes of this section, an individual has a current connection with an undertaking if, at the time in question, the individual is—

In this section, a “relevant undertaking” means an undertaking whose activities are being investigated as part of the investigation in question.

Any officer of the CMA who is authorised in writing by the CMA to do so (“an investigating officer”) may enter any business premises in connection with an investigation under section 25.

No investigating officer is to enter any premises in the exercise of his powers under this section unless he has given to the occupier of the premises a written notice which—

Subsection (2) does not apply—

In a case falling within subsection (3), the power of entry conferred by subsection (1) is to be exercised by the investigating officer on production of—

An investigating officer entering any premises under this section may—

In this section “business premises” means premises (or any part of premises) not used as a dwelling.

On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—

A warrant under this section shall authorise a named officer of the CMA , and any other of the“CMA's officers whom the CMA has authorised in writing to accompany the named officer—

If, in the case of a warrant under subsection (1)(b), the court or (as the case may be) the Tribunal is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in subsection (2) to be taken in relation to any such document.

A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.

Any person entering premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.

On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months.

An application for a warrant under this section must be made—

In this section “business premises” has the same meaning as in section 27.

On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—

A warrant under this section shall authorise a named officer of the CMA, and any other of its officers whom the CMA has authorised in writing to accompany the named officer—

If, in the case of a warrant under subsection (1)(b), the court or (as the case may be) the Tribunal is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in subsection (2) to be taken in relation to any such document.

A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.

Any person entering premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.

On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months.

An application for a warrant under this section must be made—

In this section, “domestic premises” means premises (or any part of premises) that are used as a dwelling and are—

A warrant issued under section 28 or 28A must ...—

The powers conferred by section 28 or 28A are to be exercised on production of a warrant issued under that section.

If there is no one at the premises when the named officer proposes to execute such a warrant he must, before executing it—

If the named officer is unable to inform the occupier of the intended entry he must, when executing the warrant, leave a copy of it in a prominent place on the premises.

In this section—“named officer” means the officer named in the warrant; and“occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.

A person shall not be required, under any provision of this Part, to produce or disclose a privileged communication.

Nothing in section 28 or 28A authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsection (1), a person could not be required to produce or disclose under this Part.

“Privileged communication” means a communication—which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

In the application of this section to Scotland—

A statement made by a person in response to a requirement imposed by virtue of any of sections 26, 27 to 28A and 40ZD may not be used in evidence against him on a prosecution for an offence under section 188 of the Enterprise Act 2002 unless, in the proceedings—

A statement by an individual in response to a requirement imposed by virtue of section 26A (a “section 26A statement”) may only be used in evidence against the individual—

A prosecution falls within this subsection if, in the proceedings—

A section 26A statement may not be used in evidence against an undertaking with which the individual who gave the statement has a connection on a prosecution for an offence unless the prosecution is for an offence under section 44.

For the purposes of subsection (4), an individual has a connection with an undertaking if he or she is or was—

If as a result of an investigation the CMA proposes to make a decision, the CMA must—

For the purposes of this section and sections 31A and 31B “decision” means a decision of the CMA—

Subsection (2) applies in a case where the CMA has begun an investigation under section 25 but has not made a decision (within the meaning given by section 31(2)).

For the purposes of addressing the competition concerns it has identified, the CMA may accept from such person (or persons) concerned as it considers appropriate commitments to take such action (or refrain from taking such action) as it considers appropriate.

But the CMA may not accept commitments from a person unless it has provided the person with information about the possible consequences of failing to adhere to the commitments.

At any time when commitments are in force the CMA may accept from the person (or persons) who gave the commitments—

Commitments under this section—

The provisions of Schedule 6A to this Act shall have effect with respect to procedural requirements for the acceptance, variation and release of commitments under this section.

Subsection (2) applies if the CMA has accepted commitments under section 31A (and has not released them).

In such a case, the CMA shall not—in relation to the agreement or conduct which was the subject of the investigation (but this subsection is subject to subsections (3) and (4)).

Nothing in subsection (2) prevents the CMA from taking any action in relation to competition concerns which are not addressed by commitments accepted by it.

Subsection (2) also does not prevent the CMA from continuing the investigation, making a decision, or giving a direction where—

If, pursuant to subsection (4), the CMA makes a decision or gives a direction the commitments are to be treated as released from the date of that decision or direction.

Where the CMA is reviewing or has reviewed the effectiveness of commitments accepted under section 31A it must, if requested to do so by the Secretary of State, prepare a report of its findings.

The CMA must—

The CMA must prepare and publish guidance as to the circumstances in which it may be appropriate to accept commitments under section 31A.

The CMA may at any time alter the guidance.

If the guidance is altered, the CMA must publish it as altered.

No guidance is to be published under this section without the approval of the Secretary of State.

The CMA may, after consulting the Secretary of State, choose how it publishes its guidance.

If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate.

If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

When exercising its discretion to accept commitments under section 31A, the CMA must have regard to the guidance for the time being in force under this section.

If a person from whom the CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them), the CMA may apply to the court for an order—

An order of the court under subsection (1) may provide for all the costs of, or incidental to, the application for the order to be borne by—

In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.

The Secretary of State may by order impose time-limits in relation to—

Before making an order under subsection (1), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.

If the CMA has made a decision that an agreement infringes the Chapter I prohibition ... , it may give to such person or persons as it considers appropriate such directions as it considers appropriate to bring the infringement to an end.

Subsection (1) applies whether the OFT’s decision is made on its own initiative or on an application made to it under this Part.

A direction under this section may, in particular, include provision—

A direction under this section must be given in writing.

If the CMA has made a decision that conduct infringes the Chapter II prohibition ... , it may give to such person or persons as it considers appropriate such directions as it considers appropriate to bring the infringement to an end.

Subsection (1) applies whether the OFT’s decision is made on its own initiative or on an application made to it under this Part.

A direction under this section may, in particular, include provision—

A direction under this section must be given in writing.

If a person fails, without reasonable excuse, to comply with a direction under section 32 or 33, the CMA may apply to the court for an order—

An order of the court under subsection (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by—

In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to comply with the direction.

Subject to subsection (8), this section applies if the CMA has begun an investigation under section 25 and not completed it (but only applies so long as the CMA has power under section 25 to conduct that investigation).

If the CMA considers that it is necessary for it to act under this section as a matter of urgency for the purpose—it may give such directions as it considers appropriate for that purpose.

Before giving a direction under this section, the CMA must—

A notice under subsection (3) must indicate the nature of the direction which the CMA is proposing to give and its reasons for wishing to give it.

A direction given under this section may if the circumstances permit be replaced by—but, subject to that, has effect while this section applies.

In the cases mentioned in section 25(2) and (6), sections 32(3) and 34 also apply to directions given under this section.

In the cases mentioned in section 25(4), sections 33(3) and 34 also apply to directions given under this section.

In the case of an investigation conducted by virtue of section 25(2) or (6), this section does not apply if a person has produced evidence to the CMA in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is exempt from the Chapter I prohibition as a result of section 9(1); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which—

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The CMA may, in accordance with section 35B, impose a penalty on a person—where the CMA considers that the person has, without reasonable excuse, failed to adhere to the commitments or comply with the direction.

In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 35C at the time of the failure to adhere or comply.

A penalty under section 35A(1) is to be such amount as the CMA considers appropriate.

The amount must be—

A penalty imposed under section 35A(1) on a person who is not an undertaking must not—

A penalty imposed under section 35A(1) on a person who is an undertaking must not—

In imposing a penalty by reference to a daily rate—

Sections 112 to 115 of the Enterprise Act 2002 apply in relation to a penalty imposed under section 35A(1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications—

The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.

Before making regulations under subsection (7) the Secretary of State must consult—

The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of subsection (4).

Regulations under subsection (9) may, in particular, make provision as to—

Regulations under subsection (9) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).

The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 31E, 34 and 35A.

The statement must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 35A(1).

The CMA may revise its statement of policy and, where it does so, it must publish the revised statement.

The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy.

If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.

On making a decision that an agreement has infringed the Chapter I prohibition ..., the CMA may require an undertaking which is a party to the agreement to pay the CMA a penalty in respect of the infringement.

On making a decision that conduct has infringed the Chapter II prohibition ..., the CMA may require the undertaking concerned to pay the CMA a penalty in respect of the infringement.

The CMA may impose a penalty on an undertaking under subsection (1) or (2) only if the CMA is satisfied that the infringement has been committed intentionally or negligently by the undertaking.

Subsection (1) is subject to section 39 and does not apply in relation to a decision that an agreement has infringed the Chapter I prohibition if the CMA is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the agreement.

Subsection (2) is subject to section 40 and does not apply in relation to a decision that conduct has infringed the Chapter II prohibition if the CMA is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the conduct.

Notice of a penalty under this section must—

The date specified must not be earlier than the end of the period within which an appeal against the notice may be brought under section 46.

In fixing a penalty under this section the CMA must have regard to—

No penalty fixed by the CMA under this section may exceed 10% of the turnover of the undertaking (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).

Any sums received by the CMA under this section are to be paid into the Consolidated Fund.

If the specified date in a penalty notice has passed and—the CMA may recover from the undertaking, as a civil debt due to the CMA , any amount payable under the penalty notice which remains outstanding.

In this section—“penalty notice” means a notice given under section 36; and“specified date” means the date specified in the penalty notice.

The CMA must prepare and publish guidance as to the appropriate amount of any penalty under this Part in respect of an infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.

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The CMA may at any time alter the guidance.

If the guidance is altered, the CMA must publish it as altered.

No guidance is to be published under this section without the approval of the Secretary of State.

The CMA may, after consulting the Secretary of State, choose how it publishes its guidance.

If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate.

If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

When setting the amount of a penalty under this Part in respect of an infringement of a kind mentioned in subsection (1) , the CMA and the Tribunal must have regard to the guidance for the time being in force under this section.

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In this section “small agreement” means an agreement—

The criteria by reference to which a category of agreement is prescribed may, in particular, include—

A party to a small agreement is immune from the effect of section 36(1) so far as that provision relates to decisions about infringement of the Chapter I prohibition; but the CMA may withdraw that immunity under subsection (4).

If the CMA has investigated a small agreement, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the agreement is likely to infringe the Chapter I prohibition.

The CMA must give each of the parties in respect of which immunity is withdrawn written notice of its decision to withdraw the immunity.

A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.

The withdrawal date must be a date after the date on which the decision is made.

In determining the withdrawal date, the CMA must have regard to the amount of time which the parties are likely to require in order to secure that there is no further infringement of the Chapter I prohibition with respect to the agreement.

In subsection (1) “price fixing agreement” means an agreement which has as its object or effect, or one of its objects or effects, restricting the freedom of a party to the agreement to determine the price to be charged (otherwise than as between that party and another party to the agreement) for the product, service or other matter to which the agreement relates.

In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section.

The criteria by reference to which a category is prescribed may, in particular, include—

A person is immune from the effect of section 36(2), so far as that provision relates to decisions about infringement of the Chapter II prohibition, if its conduct is conduct of minor significance; but the CMA may withdraw that immunity under subsection (4).

If the CMA has investigated conduct of minor significance, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the conduct is likely to infringe the Chapter II prohibition.

The CMA must give the person, or persons, whose immunity has been withdrawn written notice of its decision to withdraw the immunity.

A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.

The withdrawal date must be a date after the date on which the decision is made.

In determining the withdrawal date, the CMA must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.

In this section and in sections 40ZB and 40ZD “transferred EU anti-trust commitments” means EU anti-trust commitments—

In this section—“Article 95(2) commitments transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of EU anti-trust commitments to the CMA;“EU anti-trust commitments” means commitments contained, pursuant to Article 9(1) of Regulation 1/2003, in a decision adopted by the European Commission under that Regulation.

In this section and in sections 40ZC and 40ZD a “transferred EU anti-trust direction” means an EU anti-trust direction—

In this section—“Article 95(2) direction transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of an EU anti-trust direction to the CMA;“EU anti-trust direction” means a direction given pursuant to Article 7(1) of Regulation 1/2003 in a decision adopted by the European Commission under that Regulation;“Regulation 1/2003” means Council Regulation(EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty.

So far as the context permits or requires, transferred EU anti-trust commitments and transferred EU anti-trust directions are to be treated for the purposes of this section and sections 40ZB to 40ZD as if—

Subsection (5) is subject to any different provision made by the Article 95(2) commitments transfer decision or Article 95(2) direction transfer decision in question.

The CMA has the function of monitoring compliance with transferred EU anti-trust commitments.

If a person who is bound by transferred EU anti-trust commitments fails, without reasonable excuse, to adhere to those commitments, the CMA may apply to the court for an order—

An order of the court under subsection (2) may provide for all of the costs of, or incidental to, the application for the order to be borne by—

In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

In this section, “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1).

The CMA has the function of monitoring compliance with transferred EU anti-trust directions.

If a person fails, without reasonable excuse, to comply with a transferred EU anti-trust direction, the CMA may apply to the court for an order—

An order of the court under subsection (2) may provide for all of the costs of, or incidental to, the application for the order to be borne by—

In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

In this section, “transferred EU anti-trust direction” has the meaning given by section 40ZA(3).

The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA—

The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA—

The powers conferred by subsections (1) and (2) are to be exercised by a notice in writing which

The CMA may also specify in the notice—

The power under this section to require a person to produce a document includes power—

In this section—“specified” means—specified, or described, in the notice under subsection (3), or falling within a category which is specified, or described, in that notice;“transferred EU anti-trust commitments” has the meaning given by section 40ZA(1);“transferred EU anti-trust direction” has the meaning given by section 40ZA(3).

The CMA may impose a penalty on a person in accordance with section 40A where the CMA considers that—

But the CMA may not proceed against a person under this section in relation to an act or omission which constitutes an offence under any of sections 42 to 44 if the person has, by reason of that act or omission, been found guilty of that offence.

In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 40B at the time when the act or omission concerned occurred.

In this section—

Sections 112 to 115 of the Enterprise Act 2002 (supplementary provisions about penalties) apply in relation to a penalty imposed under subsection (1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications—

A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate.

A penalty imposed under section 40ZE(1)(a) may be—

A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount.

A penalty imposed under section 40ZE(1) on a person who is not an undertaking must not—

A penalty imposed under section 40ZE(1) on a person who is an undertaking must not—

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In imposing a penalty by reference to a daily rate—

The days are—

The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.

Before making regulations under subsection (7A), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.

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The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of this section.

Regulations under subsection (10) may, in particular, make provision as to—

Regulations under subsection (10) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (11)).

The CMA must prepare and publish a statement of policy in relation to the exercise of functions under section 40ZE.

The CMA must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 40ZE.

The CMA may revise its statement of policy and, where it does so, it must publish the revised statement.

The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy.

If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.

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This section applies if a party to an agreement which may infringe the Chapter I prohibition has notified the agreement to the Commission for a decision as to whether an exemption will be granted under Article 85 with respect to the agreement.

A penalty may not be required to be paid under this Part in respect of any infringement of the Chapter I prohibition after notification but before the Commission determines the matter.

If the Commission withdraws the benefit of provisional immunity from penalties with respect to the agreement, subsection (2) ceases to apply as from the date on which that benefit is withdrawn.

The fact that an agreement has been notified to the Commission does not prevent the OFT from investigating it under this Part.

In this section “provisional immunity from penalties” has such meaning as may be prescribed.

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A person is guilty of an offence if he intentionally obstructs an officer acting in the exercise of his powers under section 27.

A person guilty of an offence under subsection ... (5) is liable—

A person who intentionally obstructs an officer in the exercise of his powers under a warrant issued under section 28 or 28A is guilty of an offence and liable—

A person is not guilty of an offence under subsection (5) or (7) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).

A person is guilty of an offence if, having been required to produce a document under section 26, 27, 28 or 28A—

A person is not guilty of an offence under subsection (1) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).

A person guilty of an offence under subsection (1) is liable—

If information is provided by a person to the CMA in connection with any function of the CMA under this Part, that person is guilty of an offence if—

A person who—knowing that the information is to be used for the purpose of providing information to the CMA in connection with any of its functions under this Part, is guilty of an offence.

A person is not guilty of an offence under this section by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).

A person guilty of an offence under this section is liable—

This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD.

The power is exercisable so as to—

The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—

The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—

For the purposes of subsection (3)(b), a person has a UK connection if the person—

In subsection (5)(a) “United Kingdom national” means—

Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.

Any party to an agreement in respect of which the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision.

Any person in respect of whose conduct the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision.

In this section “decision” means a decision of the CMA—and includes a direction under section 32 or 33 and such other decisions under this Part as may be prescribed.

Except in the case of an appeal against the imposition, or the amount, of a penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

Part I of Schedule 8 makes further provision about appeals.

A person who does not fall within section 46(1) or (2) may appeal to the Tribunal with respect to—

A person may make an appeal under subsection (1) only if the Tribunal considers that he has a sufficient interest in the decision with respect to which the appeal is made, or that he represents persons who have such an interest.

The making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules.

This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of—

The claims are—

This section also applies to a claim for a declaration or, in relation to Scotland, for a declarator which a person may make in respect of an infringement decision or an alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.

For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded.

The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim.

In this Part (except in section 49C) “infringement decision” means—

Subject to the provisions of this Act and Tribunal rules, proceedings may be brought before the Tribunal combining two or more claims to which section 47A applies (“collective proceedings”).

Collective proceedings must be commenced by a person who proposes to be the representative in those proceedings.

The following points apply in relation to claims in collective proceedings—

Collective proceedings may be continued only if the Tribunal makes a collective proceedings order.

The Tribunal may make a collective proceedings order only—

Claims are eligible for inclusion in collective proceedings only if the Tribunal considers that they raise the same, similar or related issues of fact or law and are suitable to be brought in collective proceedings.

A collective proceedings order must include the following matters—

The Tribunal may authorise a person to act as the representative in collective proceedings—

The Tribunal may vary or revoke a collective proceedings order at any time.

“Opt-in collective proceedings” are collective proceedings which are brought on behalf of each class member who opts in by notifying the representative, in a manner and by a time specified, that the claim should be included in the collective proceedings.

“Opt-out collective proceedings” are collective proceedings which are brought on behalf of each class member except—

Where the Tribunal gives a judgment or makes an order in collective proceedings, the judgment or order is binding on all represented persons, except as otherwise specified.

The right to make a claim in collective proceedings does not affect the right to bring any other proceedings in respect of the claim.

In this section and in section 47C, “specified” means specified in a direction made by the Tribunal.

The Tribunal may not award exemplary damages in collective proceedings.

The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person.

Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to—

Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3).

Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007.

In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings.

The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection.

A damages-based agreement is unenforceable if it relates to opt-out collective proceedings.

In this section—

An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings—

In deciding whether to grant an injunction in proceedings under section 47A or in collective proceedings, the Tribunal must—

Subsection (2) is subject to Tribunal rules which make provision of the kind mentioned in paragraph 15A(3) of Schedule 4 to the Enterprise Act 2002 (undertakings as to damages in relation to claims subject to the fast-track procedure).

A declaration granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration granted by the High Court.

A declarator granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declarator granted by the Court of Session.

In deciding whether to grant a declaration in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the High Court would apply in deciding whether to grant a declaration.

In deciding whether to grant a declarator in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the Court of Session would apply in deciding whether to grant a declarator.

The Tribunal may grant a declaration or declarator in proceedings under section 47A or collective proceedings whether or not any other remedy is claimed.

An appeal lies to the appropriate court—

An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal in proceedings under section 47A or in collective proceedings—

An appeal lies to the appropriate court from a decision of the Tribunal in proceedings under section 47A or in collective proceedings as to the amount of an award of damages or other sum (other than the amount of costs or expenses).

An appeal under subsection (1A) arising from a decision in respect of a stand-alone claim may include consideration of a point of law arising from a finding of the Tribunal as to an infringement of a prohibition listed in section 47A(2).

In subsection (1C) “a stand-alone claim” is a claim—

An appeal under this section—

An appeal from a decision of the Tribunal in respect of a claim included in collective proceedings may be brought only by the representative in those proceedings or by a defendant to that claim.

In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.

The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims in collective proceedings (a “collective settlement”) where—

An application for approval of a proposed collective settlement must be made to the Tribunal by the representative and the defendant in the collective proceedings.

The representative and the defendant must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement.

Where there is more than one defendant in the collective proceedings, “defendant” in subsections (2) and (3) means such of the defendants as wish to be bound by the proposed collective settlement.

The Tribunal may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable.

On the date on which the Tribunal approves a collective settlement—

If the period within which persons may opt out of the collective proceedings expires on a different date from the period within which persons not domiciled in the United Kingdom may opt in to the collective proceedings, the references in subsection (6) to the expiry of a period are to the expiry of whichever of those periods expires later.

Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order who—

Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order.

But a collective settlement is not binding on a person who—

This section does not affect a person's right to offer to settle opt-in collective proceedings.

In this section and in section 49B, “specified” means specified in a direction made by the Tribunal.

The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims (a “collective settlement”) where—

An application for approval of a proposed collective settlement must be made to the Tribunal by—

The persons applying to the Tribunal under subsection (2) must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement.

The Tribunal may make an order approving a proposed collective settlement (see subsection (8)) only if it first makes a collective settlement order.

The Tribunal may make a collective settlement order only—

A collective settlement order must include the following matters—

The Tribunal may authorise a person to act as the settlement representative in relation to a collective settlement—

Where the Tribunal has made a collective settlement order, it may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable.

A collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective settlement order.

But a collective settlement is not binding on a person who—

In this section, “settlement representative” means a person who is authorised by a collective settlement order to act in relation to a collective settlement.

A person may apply to the CMA for approval of a redress scheme.

The CMA may consider an application before the infringement decision to which the redress scheme relates has been made, but may approve the scheme only—

In deciding whether to approve a redress scheme, the CMA may take into account the amount or value of compensation offered under the scheme.

The CMA may approve a redress scheme under subsection (2)(b) subject to a condition or conditions requiring the provision of further information about the operation of the scheme (including about the amount or value of compensation to be offered under the scheme or how this will be determined).

If the CMA approves a redress scheme subject to such a condition, it may—

An approved scheme may not be varied by the CMA or the compensating party.

But, where the CMA approves a redress scheme subject to a condition of the kind mentioned in subsection (4), subsection (6) does not prevent further information provided in accordance with the condition from forming part of the terms of the scheme.

The Secretary of State may make regulations relating to the approval of redress schemes, and the regulations may in particular—

The CMA must publish guidance with regard to—

Guidance under subsection (9) must be approved by the Secretary of State before it is published.

In this section and sections 49D and 49E—“approved scheme” means a redress scheme approved by the CMA,“compensating party” means a person offering compensation under an approved scheme,“infringement decision” means a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, and“redress scheme” means a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person.

For the purposes of this section and section 49E, “compensation”—

The CMA may require a person making an application for approval of a redress scheme to pay some or all of the CMA's reasonable costs relating to the application.

A requirement to pay costs is imposed by giving that person written notice specifying—

A person required to pay costs under this section may appeal to the Tribunal against the amount.

Where costs required to be paid under this section relate to an approved scheme, the CMA may withdraw approval from that scheme if the costs have not been paid by the date specified in accordance with subsection (2)(c).

Costs required to be paid under this section are recoverable by the CMA as a debt.

A compensating party is under a duty to comply with the terms of an approved scheme (“the duty”).

The duty is owed to any person entitled to compensation under the terms of the approved scheme.

Where such a person suffers loss or damage as a result of a breach of the duty, the person may bring civil proceedings before the court for damages, an injunction or interdict or any other appropriate relief or remedy.

Where the CMA considers that the compensating party is in breach of the duty, the CMA may bring civil proceedings before the court for an injunction or interdict or any other appropriate relief or remedy.

Subsection (4) is without prejudice to any right that a person has to bring proceedings under subsection (3).

In any proceedings brought under subsection (3) or (4), it is a defence for the compensating party to show that it took all reasonable steps to comply with the duty.

Where the CMA considers that it is no longer appropriate for the compensating party to be subject to the duty, the CMA may give notice in writing to that party stating that it is released from the duty.

Where a person has entered into a settlement agreement with the compensating party, that agreement remains enforceable notwithstanding the release of the compensating party under subsection (7) from the duty.

In this section “the court” means—

The Secretary of State may by order provide for any provision of this Part to apply in relation to—with such modifications as may be prescribed.

An order may, in particular, provide for exclusions or exemptions, or otherwise provide for prescribed provisions not to apply, in relation to—

An order may empower the CMA to give directions to the effect that in prescribed circumstances an exclusion, exemption or modification is not to apply (or is to apply in a particular way) in relation to an individual agreement.

Subsections (2) and (3) are not to be read as limiting the powers conferred by section 71.

In this section—“land agreement” and “vertical agreement” have such meaning as may be prescribed; and“prescribed” means prescribed by an order.

The CMA may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of this Part as it considers appropriate.

Schedule 9 makes further provision about rules made under this section but is not to be taken as restricting the CMA powers under this section.

If the CMA is preparing rules under this section it must consult such persons as he considers appropriate.

If the proposed rules relate to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

No rule made by the CMA is to come into operation until it has been approved by an order made by the Secretary of State.

The Secretary of State may approve any rule made by the CMA —

If the Secretary of State proposes to approve a rule subject to modifications he must inform the CMA of the proposed modifications and take into account any comments made by the CMA .

Subsections (5) to (7) apply also to any alteration of the rules made by the CMA .

The Secretary of State may, after consulting the CMA , by order vary or revoke any rules made under this section.

If the Secretary of State considers that rules should be made under this section with respect to a particular matter he may direct the CMA to exercise its powers under this section and make rules about that matter.

The CMA must prepare and publish general advice and information about—

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The CMA may at any time publish revised, or new, advice or information.

Advice and information published under this section must be prepared with a view to—

Advice (or information) published by virtue of subsection (3)(b) may include advice (or information) about the factors which the CMA may take into account in considering whether, and if so how, to exercise a power conferred on it by Chapter I, II or III.

Any advice or information published by the CMA under this section is to be published in such form and in such manner as it considers appropriate.

If the CMA is preparing any advice or information under this section it must consult such persons as he considers appropriate.

If the proposed advice or information relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

In preparing any advice or information under this section about a matter in respect of which he may exercise functions under this Part, a regulator must consult—

The OFT may charge fees, of specified amounts, in connection with the exercise by it of specified functions under this Part.

Rules may, in particular, provide—

In this section—

In this Part “regulator” means —

Parts II and III of Schedule 10 provide for functions of the CMA under this Part to be exercisable concurrently by regulators.

Parts IV and V of Schedule 10 make minor and consequential amendments in connection with the regulators’ competition functions.

The Secretary of State may make regulations for the purpose of co-ordinating the performance of functions under this Part (“Part I functions”) which are exercisable concurrently by two or more competent persons as a result of any enactment (including any subordinate legislation) whenever passed or made.

The regulations may, in particular, make provision—

Provision made by virtue of subsection (5)(c) may provide for questions to be referred to and determined by the Secretary of State , the CMA or by such other person as may —

Where the regulations make provision as mentioned in subsection (6)(a), they must—

The Secretary of State may by regulations make provision requiring arrangements to be made for the sharing of information between competent persons in connection with concurrent cases.

For the purposes of subsection (6B), “a concurrent case” is a case in respect of which—

“Competent person” means the CMA or any of the regulators.

In this section, “subordinate legislation” has the same meaning as in section 21(1) of the Interpretation Act 1978 (c 30) and includes an instrument made under—

Unless the court or the Tribunal directs otherwise or the OFT has decided to take further action in accordance with section 16(2) or 24(2), CMA's finding which is relevant to an issue arising in Part I proceedings is binding on the parties if—

In this section—“a CMA's finding” means a finding of fact made by the CMA in the course of conducting an investigation;“Part 1 proceedings” means proceedings brought otherwise than by the CMA—in respect of an infringement decision; or in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition;......“relevant party” means—in relation to the Chapter I prohibition ..., a party to the agreement which has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and in relation to the Chapter II prohibition ..., the undertaking whose conduct has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be).

Rules of court or Tribunal rules may make provision in respect of assistance to be given by the CMA to the court or the Tribunal in Part I proceedings.

In this section “the court” means—

This section applies to a claim in respect of an infringement decision which is brought in proceedings—

The court or the Tribunal is bound by the infringement decision once it has become final.

An infringement decision specified in section 47A(6)(a) or (b) becomes final—

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This section applies to the extent that the court or the Tribunal would not otherwise be bound by the infringement decision in question.

In this section “the court” means—

In this Part—"agreement" is to be read with section 2(5) and (6);............“block exemption” has the meaning given in section 6(4);“block exemption order” has the meaning given in section 6(2);“the Chapter I prohibition” has the meaning given in section 2(8);“the Chapter II prohibition” has the meaning given in section 18(4);“class member” has the meaning given in section 47B(8)(a);“the CMA” means the Competition and Markets Authority;“collective proceedings” has the meaning given in section 47B(1);“collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;......“the court”, except in sections 49E, 58, 58A and 60A and Schedule 8A and the expression “European Court”, means—in England and Wales, the High Court; in Scotland, the Court of Session; and in Northern Ireland, the High Court;...“document” includes information recorded in any form;.........“individual exemption” has the meaning given in section 4(2);“information” includes estimates and forecasts;“infringement decision”, except in section 49C, has the meaning given in section 47A(6);“injunction” includes an interim injunction;“investigating officer” has the meaning given in section 27(1);“investigation” means an investigation under section 25;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“OFCOM” means the Office of Communications;“officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;“opt-in collective proceedings” has the meaning given in section 47B(10);“opt-out collective proceedings” has the meaning given in section 47B(11);......“person”, in addition to the meaning given by the Interpretation Act 1978, includes any undertaking;“premises” includes any land or means of transport;“prescribed” means prescribed by regulations made by the Secretary of State;“regulator” has the meaning given by section 54;“representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;“represented person” means a class member who—has opted in to opt-in collective proceedings, was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or has opted in to opt-out collective proceedings;“assimilated block exemption regulation” has the meaning given in section 10(12);“assimilated exemption” has the meaning given in section 10(3);......“the Tribunal” means the Competition Appeal Tribunal;“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.“working day” means a day which is not—Saturday, Sunday, Christmas Day, Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

In this Part, in respect of proceedings in Scotland,“claimant” is to be read as “pursuer” and“defendant” is to be read as “defender”.

Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.

The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because of an exclusion provided by or under this Part or any other enactment, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

For the purposes of this Part, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.

Any power conferred on the CMA by this Part to require information includes power to require any document which it believes may contain that information.

This section applies when one of the following persons determines a question arising under this Part in relation to competition within the United Kingdom—

The person must act (so far as is compatible with the provisions of this Part) with a view to securing that there is no inconsistency between—subject to subsections (4) to (7).

The person must, in addition, have regard to any relevant decision or statement of the European Commission made before IP completion day and not withdrawn.

Subsection (2) does not require the person to secure that there is no inconsistency with a principle or decision referred to in subsection (2)(b) so far as the principle or decision is excluded from the law of England and Wales, Scotland and Northern Ireland on or after IP completion day.

For the purposes of subsection (4), a principle or decision is to be treated as not excluded from the law of England and Wales, Scotland and Northern Ireland if it is excluded only by virtue of an exclusion or revocation in the Competition (Amendment etc.) (EU Exit) Regulations 2019.

Subsection (2) does not apply so far as the person is bound by a principle laid down by, or a decision of, a court or tribunal in England and Wales, Scotland or Northern Ireland that requires the person to act otherwise.

Subsection (2) does not apply if the person thinks that it is appropriate to act otherwise in the light of one or more of the following—

In subsection (2)(b), the reference to principles laid down before IP completion day is a reference to such principles as they have effect in EU law immediately before IP completion day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after IP completion day.

In this section, references to a decision of the European Court or the European Commission include a decision as to—

Any power to make regulations or orders which is conferred by this Act is exercisable by statutory instrument.

The power to make rules which is conferred by section 48 is exercisable by statutory instrument.

Any statutory instrument made under this Act may—

An order made under—is subject to the affirmative procedure.

Regulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure.

Any statutory instrument made under this Act, apart from one made—is subject to the negative procedure.

Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.

Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

This section applies to an offence under any of sections 42 to 44 ....

If an offence committed by a body corporate is proved—the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

In subsection (2) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

If the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

If an offence committed by a partnership in Scotland is proved—the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

In subsection (5) “partner” includes a person purporting to act as a partner.

Any provision made by or under this Act binds the Crown except that—

Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.

Subsection (1)(c) is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

If an investigation is conducted under section 25... in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—

In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In subsection (4)“agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.

In subsection (6) “infringement” means an infringement of EU law relating to Article 85 or 86 of the Treaty establishing the European Community.

If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.

Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown.

The minor and consequential amendments set out in Schedule 12 are to have effect.

The transitional provisions and savings set out in Schedule 13 are to have effect.

The enactments set out in Schedule 14 are repealed.

The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any of its provisions or for giving full effect to it.

An order under subsection (1) may, in particular, make provision—

Amendments made under this section shall be in addition, and without prejudice, to those made by or under any other provision of this Act.

No other provision of this Act restricts the powers conferred by this section.

This Act may be cited as the Competition Act 1998.

Sections 71 and 75 and this section and paragraphs 1 to 7 and 35 of Schedule 13 come into force on the passing of this Act.

The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

This Act extends to Northern Ireland.

To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two enterprises ceasing to be distinct enterprises for the purposes of Part V of the Fair Trading Act 1973 (“the 1973 Act”) Part 3 of the Enterprise Act 2002 (“the 2002 Act”), the Chapter I prohibition does not apply to the agreement.

The exclusion provided by sub-paragraph (1) extends to any provision directly related and necessary to the implementation of the merger provisions.

In sub-paragraph (2) “merger provisions” means the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1).

Section 65 of the 1973 Act Section 26 of the 2002 Act applies for the purposes of this paragraph as if—for “may” there were substituted “ must ”.

To the extent to which conduct (either on its own or when taken together with other conduct)—the Chapter II prohibition does not apply to that conduct.

Section 65 of the 1973 Act Section 26 of the 2002 Act applies for the purposes of this paragraph as it applies for the purposes of paragraph 1.

The exclusion provided by paragraph 1 does not apply to a particular agreement if the CMA gives a direction under this paragraph to that effect.

If the CMA is considering whether to give a direction under this paragraph, it may by notice in writing require any party to the agreement in question to give the CMA such information in connection with the agreement as it may require.

The CMA may give a direction under this paragraph only as provided in sub-paragraph (4) or (5).

If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (2), the CMA may give a direction under this paragraph.

The CMA may also give a direction under this paragraph if—

For the purposes of sub-paragraph (5), an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).

A direction under this paragraph—

The Financial Services Act 1986 is amended as follows.

For section 125 (effect of the Restrictive Trade Practices Act 1976), substitute—

Omit section 126 (certain practices not to constitute anti-competitive practices for the purposes of the Competition Act 1980).

For section 127 (modification of statutory provisions in relation to recognised professional bodies), substitute—

The Companies Act 1989 is amended as follows.

In Schedule 14, for paragraph 9 (exclusion of certain agreements from the Restrictive Trade Practices Act 1976), substitute—

The Broadcasting Act 1990 is amended as follows.

In section 194A (which modifies the Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), for subsections (2) to (6), substitute—

The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they—nor does that prohibition apply in respect of things done with a view to arrangements being entered into or approved to the extent that those things have effect for purposes that are directly related to, and necessary for compliance with, conditions so imposed.

OFCOM must publish a list of the networking arrangements which in their opinion are excluded from the Chapter I prohibition by virtue of sub-paragraph (1).

OFCOM must—

In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.

The Environment Act 1995 is amended as follows.

In section 94(1) (supplementary provisions about regulations imposing producer responsibility obligations on prescribed persons), after paragraph (o), insert—.

After section 94(6), insert—

After section 94, insert—

The Chapter I prohibition does not apply to an agreement—

In sub-paragraph (1)(a), “planning obligation” means—

The Chapter I prohibition does not apply to an agreement in respect of which a direction under section 21(2) of the Restrictive Trade Practices Act 1976 is in force immediately before the coming into force of section 2 (“a section 21(2) agreement”).

If a material variation is made to a section 21(2) agreement, sub-paragraph (1) ceases to apply to the agreement on the coming into force of the variation.

Sub-paragraph (1) does not apply to a particular section 21(2) agreement if the OFT gives a direction under this paragraph to that effect.

If the OFT is considering whether to give a direction under this paragraph, it may by notice in writing require any party to the agreement in question to give the OFT such information in connection with the agreement as it may require.

The OFT may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).

If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the OFT may give a direction under this paragraph.

The OFT may also give a direction under this paragraph if it considers—

For the purposes of sub-paragraph (7) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).

A direction under this paragraph—

The Chapter I prohibition does not apply to an agreement to the extent to which it is made in order to comply with a legal requirement.

The Chapter II prohibition does not apply to conduct to the extent to which it is engaged in an order to comply with a legal requirement.

In this paragraph “legal requirement” means a requirement—

If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United Kingdom, it would be appropriate for the Chapter I prohibition not to apply to—he may by order exclude the agreement, or agreements of that description, from the Chapter I prohibition.

An order under sub-paragraph (1) may make provision for the exclusion of the agreement or agreements to which the order applies, or of such of them as may be specified, only in specified circumstances.

An order under sub-paragraph (1) may also provide that the Chapter I prohibition is to be deemed never to have applied in relation to the agreement or agreements, or in relation to such of them as may be specified.

If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United Kingdom, it would be appropriate for the Chapter II prohibition not to apply in particular circumstances, he may by order provide for it not to apply in such circumstances as may be specified.

An order under sub-paragraph (4) may provide that the Chapter II prohibition is to be deemed never to have applied in relation to specified conduct.

An international arrangement relating to civil aviation and designated by an order made by the Secretary of State is to be treated as an international obligation for the purposes of this paragraph.

In this paragraph and paragraph 7 “specified” means specified in the order.

If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter I prohibition ought not to apply to—he may by order exclude the agreement, or agreements of that description, from the Chapter I prohibition.

An order under sub-paragraph (1) may make provision for the exclusion of the agreement or agreements to which the order applies, or of such of them as may be specified, only in specified circumstances.

An order under sub-paragraph (1) may also provide that the Chapter I prohibition is to be deemed never to have applied in relation to the agreement or agreements, or in relation to such of them as may be specified.

If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter II prohibition ought not to apply in particular circumstances, he may by order provide for it not to apply in such circumstances as may be specified.

An order under sub-paragraph (4) may provide that the Chapter II prohibition is to be deemed never to have applied in relation to specified conduct.

The Chapter I prohibition does not apply to an agreement to the extent to which it relates to production of or trade in an agricultural product and—The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of—for the PO or APO (as the case may be) to carry out one or more of the activities mentioned in sub-paragraph (1A) on behalf of its members (for all or part of their total production), provided that Conditions A and B are also met.

The activities are—

Condition A is that—

Condition B is that—

But the Secretary of State may decide that the RPO exclusion applies if Condition B is not met, if—

If the Secretary of State is considering whether to make a decision under sub-paragraph (1D), the Secretary of State may by notice in writing require any party to the agreement in question to give the Secretary of State such information in connection with the agreement as the Secretary of State may require.

If the Commission determines that an agreement does not fulfil the conditions specified by the provision for agricultural products for exclusion from Article 101(1), the exclusion provided by this paragraph (“the agriculture exclusion”) is to be treated as ceasing to apply to the agreement on the date of the decision.

The agriculture exclusion RPO exclusion does not apply to a particular agreement if the CMA gives a direction under this paragraph to that effect.

If the CMA is considering whether to give a direction under this paragraph, it may by notice in writing require any party to the agreement in question to give the CMA such information in connection with the agreement as it may require.

The CMA may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).

If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the CMA may give a direction under this paragraph.

The CMA may also give a direction under this paragraph if it considers that an agreement (whether or not it considers that it infringes the Chapter I prohibition) is likely, or is intended, substantially and unjustifiably to prevent, restrict or distort competition in relation to an agricultural product.

A direction under this paragraph—

In this paragraph—“agricultural product” means any product of a kind listed in Annex I to the Treaty; and“provision for agricultural products” means Council Regulation(EEC) No. 26/62 of 4th April 1962 applying certain rules of competition to production of and trade in agricultural products. In this paragraph—“agricultural product” means a product that falls within a sector mentioned in Schedule 1 to the Agriculture Act 2020;“recognised association of producer organisations” means an association recognised under section 30 of that Act;“recognised producer organisation” means a producer organisation recognised under section 30 of that Act.

The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of a recognised interbranch organisation that has the object of carrying out one or more specified activities, provided that the condition in sub-paragraph (2) is also met. This exclusion is referred to in this paragraph as the “RIBO exclusion”.

The condition in this sub-paragraph is that the organisation has notified the agreement to the CMA and provided all further details required by the CMA, and—

In deciding whether it is appropriate for the RIBO exclusion to apply, the CMA must consider whether the benefit of the agreement to the specified activities of the recognised interbranch organisation outweighs any prevention, restriction or distortion of competition within the United Kingdom as a result of the agreement.

The CMA may at any time give a direction to the effect that the RIBO exclusion no longer applies to a particular agreement.

Sub-paragraphs (4) to (8) of paragraph 9 apply to a direction under this paragraph as they apply to a direction under paragraph 9.

In this paragraph—“recognised interbranch organisation” means an organisation of agricultural businesses recognised under section 30 of the Agriculture Act 2020;“specified activities” means the activities specified in regulations under section 30(6)(e) of that Act.

An application must be made in accordance with rules.

A party to an agreement who makes an application must take all reasonable steps to notify all other parties to the agreement of whom he is aware—

Notification under sub-paragraph (2) must be in the specified manner.

If, after a preliminary investigation of an application, the OFT considers that it is likely—it may make a decision (“a provisional decision”) under this paragraph.

If the OFT makes a provisional decision—

When making a provisional decision, the OFT must follow such procedure as may be specified.

A provisional decision does not affect the final determination of an application.

If the OFT has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.