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Competition Act 1980

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This is the original version (as it was originally enacted).

5Competition references

(1)In any case where—

(a)a report has been published under section 3 above stating, in accordance with subsection (10) (b) of that section, that it is appropriate for the Director to make a reference under this section and the Director has not accepted from each of the persons specified in the relevant report such undertaking or undertakings as, in his opinion, covers or cover every course of conduct which is described in the report as constituting an anti-competitive practice, or

(b)the Director has given notice to any person under section 4(4)(c) above with respect to an undertaking given by that person, or

(c)the Director has given notice to any person under section 4(5) above specifying either a variation of an undertaking or a new undertaking which is required and has neither accepted a new or varied undertaking from that person nor agreed upon the continuation of the original undertaking,

then, subject to the following provisions of this section, the Director may make a reference under this section to the Monopolies and Mergers Commission (in the following provisions of this Act referred to as a " competition reference ").

(2)In this section a competition reference is referred to—

(a)as a "report reference" if it is made by virtue of subsection (l)(a) above ; and

(b)as a " notice reference" if it is made by virtue of subsection (l)(b) or subsection (l)(c) above.

(3)No competition reference may be made within the period of four weeks beginning with the relevant date nor, subject to subsection (4) below, may such a reference be made after the expiry of the period of eight weeks beginning on that date; and in this subsection " the relevant date " means—

(a)in the case of a report reference, the date on which was first published, in accordance with section 3(10) above, the report of the Director to which the reference relates; and

(b)in the case of a notice reference, the date on which notice was given as mentioned in subsection (1)(b) or, as the case may be, subsection (l)(c) above.

(4)If the Secretary of State so directs, subsection (3) above shall have effect in relation to a competition reference of a description specified in the direction as if for the period of eight weeks specified in that subsection there were substituted such longer period not exceeding twelve weeks as may be specified in the direction; but the Secretary of State shall not give a direction under this subsection unless, upon representations made to him by the Director, it appears to the Secretary of State that it would be appropriate in the case in question to allow the Director a longer period in which to negotiate one or more undertakings under section 4 above.

(5)In this section and section 6 below " the relevant report" means—

(a)in the case of a report reference, the report referred to in subsection (l)(a) above ;

(b)in the case of a notice reference made by virtue of subsection (1)(b) above, the report by reference to which the person to whom the notice was given under section 4(4)(c) above gave the undertaking to which that notice refers; and

(c)in the case of a notice reference made by virtue of subsection (l)(c) above, the report by reference to which the person to whom the notice was given under section 4(5) above gave the undertaking which the Director proposes should be varied or superseded.

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