Section 160: Reports by the Director General of Fair Trading
294.This section concerns reports by the DGFT on possible adverse effects on competition of the Authority’s regulating provisions and practices. A significant adverse effect on competition is defined in section 159(2) and (3). It includes things which have the effect of requiring or encouraging exploitation of the strength of a market position.
295.Subsection (1) provides that the DGFT must keep the Authority’s practices and regulating provisions (which are defined in section 159 and include rules, guidance and codes) under review. The DGFT can, at any time, investigate the Authority’s practices and regulating provisions under the powers conferred by section 161.
296.Following an investigation, if the DGFT finds that regulating provisions or practices, either singly or in combination, have a significant adverse effect on competition then he must produce a report. The DGFT has discretion as to whether to produce a report or not if he finds that there is no such effect.
297.Subsections (5) and (6) provide that the DGFT must send a copy of any report he produces to the Competition Commission (the “Commission”), the Treasury and the Authority. The DGFT must, so far as is practicable, exclude from the published version of the report any matter which relates to the affairs of a person which might seriously prejudice that person’s interests. (Subsection (9) provides that such matters do not need to be excluded from the version which goes to the Commission, the Treasury and the Authority.)
