Search Legislation

Competition Act 1998

Status:

This is the original version (as it was originally enacted).

1(1)The Fair Trading Act 1973 is amended as follows.

(2)Omit section 4 and Schedule 3 (which make provision in respect of the Monopolies and Mergers Commission).

(3)Omit—

(a)section 10(2),

(b)section 54(5),

(c)section 78(3),

(d)paragraph 3(1) and (2) of Schedule 8,

(which fall with the repeal of the [1976 c. 34.] Restrictive Trade Practices Act 1976).

(4)In section 10 (supplementary provisions about monopoly situations), in subsection (8), for “to (7)” substitute “and (3) to (7)”.

(5)In sections 35 and 37 to 41, for “the Restrictive Practices Court”, in each place, substitute “a relevant Court”.

(6)After section 41, insert—

41AMeaning of “relevant Court”

In this Part of this Act, “relevant Court”, in relation to proceedings in respect of a course of conduct maintained in the course of a business, means any of the following courts in whose jurisdiction that business is carried on—

(a)in England and Wales or Northern Ireland, the High Court;

(b)in Scotland, the Court of Session.

(7)In section 42 (appeals from decisions or orders of courts under Part III)—

(a)in subsection (1), at the end, add “; but this subsection is subject to subsection (3) of this section”;

(b)in subsection (2)(b), after “Scotland,” insert “from the sheriff court”; and

(c)after subsection (2), add—

(3)A decision or order of the Court of Session as the relevant Court may be reviewed, whether on a question of fact or on a question of law, by reclaiming to the Inner House.

(8)Omit section 45 (power of the Director to require information about complex monopoly situations).

(9)In section 81 (procedure in carrying out investigations)—

(a)in subsection (1)—

(i)in the words before paragraph (a), omit from “and the Commission” to “of this Act)”;

(ii)in paragraph (b), omit “or the Commission, as the case may be,” and “or of the Commission”;

(b)in subsection (2), omit “or the Commission” and “or of the Commission”; and

(c)in subsection (3), omit from “and, in the case,” to “85 of this Act” and “or the Commission, as the case may be,”.

(10)In section 85 (attendance of witnesses and production of documents on investigations by Competition Commission of references under the [1973 c. 41.] Fair Trading Act 1973), in subsection (1)(b)—

(a)after “purpose”, insert “(i)”;

(b)after the second “notice”, insert or

(ii)any document which falls within a category of document which is specified, or described, in the notice,.

(11)In section 85, in subsection (1)(c), after “estimates” (in both places), insert “forecasts”.

(12)In section 85, after subsection (1), insert—

(1A)For the purposes of subsection (1) above—

(a)“document” includes information recorded in any form;

(b)the power to require the production of documents includes power to take copies of, or extracts from, any document produced; and

(c)in relation to information recorded otherwise than in legible form, the power to require it to be produced includes power to require it to be produced in legible form, so far as the means to do so are within the custody or under the control of the person on whom the requirement is imposed.

(13)In section 85(2), for “any such investigation” substitute “an investigation of the kind mentioned in subsection (1)”.

(14)In section 133 (general restrictions on disclosure of information), in subsection (2)(a), after “the Coal Industry Act 1994” insert “or the Competition Act 1998”.

(15)In section 135(1) (financial provisions)—

(a)in the words before paragraph (a) and in paragraph (b), omit “or the Commission”; and

(b)omit paragraph (a).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources