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Enterprise Act 2002

Competition reform

  • A new merger regime, with decisions taken in most cases by independent competition authorities against a competition-based test rather than the current public interest test.

  • Replacement of the monopoly regime established by the Fair Trading Act 1973 (FTA 1973) with a new regime for investigating markets. Most decisions will be taken by independent competition authorities against a competition-based test rather than the current public interest test.

  • The introduction of criminal sanctions for individuals who engage in hard-core cartels.

  • The OFT will be given a new power to apply for the court to disqualify directors involved in breaches of competition law.

  • Persons harmed by a breach of competition law will be able to bring claims for damages before a specialist competition body (the Competition Appeal Tribunal (CAT)).

  • Amendment to the Competition Act 1998 (CA 1998) to provide third parties with a direct right of appeal to the CAT against decisions of the OFT or the sectoral regulators with concurrent powers.

  • Repeal of the arrangements for the exclusion of designated professional rules from the prohibitions under CA 1998.

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