Search Legislation

Competition Act 1998

Status:

This is the original version (as it was originally enacted).

Part VThe Fair Trading Act 1973

References to the Monopolies and Mergers Commission

40(1)If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has not completed a reference which was made to it before that date, continued consideration of the reference may include consideration of a question which could not have been considered if the provision had not been repealed.

(2)The provisions are—

(a)sections 10(2), 54(5) and 78(3) and paragraph 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973 (c. 41);

(b)section 11(8)(b) of the Competition Act 1980 (c. 21);

(c)section 14(2) of the Telecommunications Act 1984 (c. 12);

(d)section 45(3) of the Airports Act 1986 (c. 31);

(e)section 25(2) of the Gas Act 1986 (c. 44);

(f)section 13(2) of the Electricity Act 1989 (c. 29);

(g)section 15(2) of the Water Industry Act 1991 (c. 56);

(h)article 16(2) of the [S.I. 1992/231 (N.I. 1).] Electricity (Northern Ireland) Order 1992;

(i)section 14(2) of the Railways Act 1993 (c. 43);

(j)article 36(3) of the [S.I. 1994/426 (N.I. 1).] Airports (Northern Ireland) Order 1994;

(k)article 16(2) of the [S.I. 1996/275 (N.I. 2).] Gas (Northern Ireland) Order 1996.

Orders under Schedule 8

41(1)In this paragraph—

  • “the 1973 Act” means the [1973 c. 41.] Fair Trading Act 1973;

  • “agreement” means an agreement entered into before the date on which the repeal of the limiting provisions comes into force;

  • “the order” means an order under section 56 or 73 of the 1973 Act;

  • “the limiting provisions” means sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs; and

  • “transitional period” means the period which—

    (a)

    begins on the day on which the repeal of the limiting provisions comes into force; and

    (b)

    ends on the first anniversary of the starting date.

(2)Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions.

(3)As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect.

Part III of the Act

42(1)The repeals made by section 1 do not affect any proceedings in respect of an application which is made to the Court under Part III of the [1973 c. 41.] Fair Trading Act 1973, but is not determined, before the starting date.

(2)The question whether (for the purposes of sub-paragraph (1)) an application has been determined is to be decided in accordance with sub-paragraphs (3) and (4).

(3)If an appeal against the decision on the application is brought, the application is not determined until—

(a)the appeal is disposed of or withdrawn; or

(b)if as a result of the appeal the case is referred back to the Court—

(i)the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or

(ii)if later, the date on which the further appeal is disposed of or withdrawn.

(4)Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.

(5)Any amendment made by Schedule 12 to this Act which substitutes references to a relevant Court for references to the Court is not to affect proceedings of the kind referred to in sub-paragraph (1).

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