2 Anti-competitive practices. U.K.
(1)The provisions of sections 3 to 10 below have effect with a view to the control of anti-competitive practices, and for the purposes of this Act a person engages in an anti-competitive practice if, in the course of business, that person pursues a course of conduct which, of itself or when taken together with a course of conduct pursued by persons associated with him, has or is intended to have or is likely to have the effect of restricting, distorting or preventing competition in connection with the production, supply or acquisition of goods in the United Kingdom or any part of it or the supply or securing of services in the United Kingdom or any part of it.
(2)To the extent that a course of conduct is required or envisaged by a material provision of, or a material recommendation in, an agreement which is registered or subject to registration under the M1Restrictive Trade Practices Act 1976, that course of conduct shall not be regarded as constituting an anti-competitive practice for the purposes of this Act; and for the purposes of this subsection—
(a)a provision of an agreement is a material provision if, by virtue of the existence of the provision (taken alone or together with other provisions) the agreement is one to which that Act applies; and
(b)a recommendation is a material recommendation in an agreement if it is one to which a term implied into the agreement by any provision of section 8 or section 16 of that Act (terms implied into trade association agreements and services supply association agreements) applies.
(3)For the purposes of this Act, a course of conduct does not constitute an anti-competitive practice if it is excluded for those purposes by an order made by the Secretary of State; and any such order may limit the exclusion conferred by it by reference to a particular class of persons or to particular circumstances.
(4)Without prejudice to the generality of subsection (3) above, an order under that subsection may exclude the conduct of any person by reference to the size of his business, whether expressed by reference to turnover, as defined in the order, or to his share of a market, as so defined, or in any other manner.
(5)For the purpose only of enabling the Director General of Fair Trading (in this Act referred to as “the Director”) to establish whether any person’s course of conduct is excluded by virtue of any such provision of an order under subsection (3) above as is referred to in subsection (4) above, the order may provide for the application, with appropriate modifications, of any provisions of sections 44 and 46 of the M2Fair Trading Act 1973 (power of Director to require information).
(6)For the purposes of this section any two persons are to be treated as associated—
(a)if one is a body corporate of which the other directly or indirectly has control either alone or with other members of a group of interconnected bodies corporate of which he is a member, or
(b)if both are bodies corporate of which one and the same person or group of persons directly or indirectly has control;
and for the purposes of this subsection a person or group of persons able directly or indirectly to control or materially to influence the policy of a body corporate, but without having a controlling interest in that body corporate, may be treated as having control of it.
(7)In this section “the supply or securing of services” includes providing a place or securing that a place is provided other than on a highway, or in Scotland a public right of way, for the parking of a motor vehicle (within the meaning of [F1the Road Traffic Act 1988].
(8)For the purposes of this Act any question whether, by pursuing any course of conduct in connection with the acquisition of goods or the securing of services by it, a local authority is engaging in an anti-competitive practice shall be determined as if the words “in the course of business” were omitted from subsection (1) above; and in this subsection “local authority” means—
(a)in England and Wales, a local authority within the meaning of the M3Local Government Act 1972, the Common Council of the City of London or the Council of the Isles of Scilly,
(b)in Scotland, a local authority within the meaning of the M4Local Government (Scotland) Act 1973, and
(c)in Northern Ireland, a district council established under the M5Local Government Act (Northern Ireland) 1972.
Textual Amendments
F1Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 19
Modifications etc. (not altering text)
C1S. 2 modified (transfer of functions) by Telecommunications Act 1984 (c. 12, SIF 96), s. 50(3) and (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 43(3)
C2S. 2 amended by S.I. 1987/2068, art. 4
C3S. 2 modified (transfer of functions) (1.4.1992) by S.I. 1992/231, art. 46(3)(4); S.R. 1992/117, art. 3(1)
C4S. 2 modified (transfer of functions) and amended (E.W.S.) (1.4.1994) by 1993 c. 43, s. 67(3)(4); S.I. 1994/571, art. 4
C5S. 2 amended (E.W.)(1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 31(4)(c), 35(4), 223(2)(with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)
Marginal Citations