Part X Rules and Guidance

Chapter III Competition Scrutiny

159 Interpretation.

C11

In this Chapter—

  • F1“OFT” means the Office of Fair Trading;

  • “practices”, in relation to the Authority, means practices adopted by the Authority in the exercise of functions under this Act;

  • “regulating provisions” means any—

    1. a

      rules;

    2. b

      general guidance (as defined by section 158(5)) F2or guidance under section 158A;

    3. c

      statement issued by the Authority under section 64;

    4. d

      code issued by the Authority under section 64 or 119.

2

For the purposes of this Chapter, regulating provisions or practices have a significantly adverse effect on competition if—

a

they have, or are intended or likely to have, that effect; or

b

the effect that they have, or are intended or likely to have, is to require or encourage behaviour which has, or is intended or likely to have, a significantly adverse effect on competition.

3

If regulating provisions or practices have, or are intended or likely to have, the effect of requiring or encouraging exploitation of the strength of a market position they are to be taken, for the purposes of this Chapter, to have an adverse effect on competition.

4

In determining under this Chapter whether any of the regulating provisions have, or are likely to have, a particular effect, it may be assumed that the persons to whom the provisions concerned are addressed will act in accordance with them.