The Competition Act 1998 (Director’s rules) Order 2000

Interpretation and supplemental

30.—(1) In these rules:–

(a) “agreement” shall be construed by reference to section 2(5);

(b) “applicant” means:

(i) in rules 2, 3(2) and (3), 4(2) and (3), 5(2), (3), (4) and (6), 6(1), (3) and (6), 7, 24(1) to (3), and 28(2) and (3)(b) above, person who is making the application; and

(ii) in rules 4(4), 9, 10, 14, 15, 16, 19(3)(a), 24(4) and (5), and 28(4), (5) and (7) above, person who has made the application;

(c) information is confidential if it is:

(i) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the undertaking to which it relates; or

(ii) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm his interests;

(d) “the Director” means the Director General of Fair Trading or a regulator who has concurrent jurisdiction to exercise the functions of the Director General of Fair Trading under Part I;

(e) “Form N” means, subject to rule 4(3) above:

(i) the information, including any supporting document, required by Annex 1 hereto; and

(ii) the declaration made in the form set out in Part 2A of Annex 1 hereto;

(f) “internal” document includes the following:

(i) a document produced within the office of either the Director General of Fair Trading or a regulator concerning a case;

(ii) correspondence between the Director General of Fair Trading and a regulator, or between regulators, concerning a case; and

(iii) correspondence between the Director General of Fair Trading, or a regulator, and a government department or another competition authority, concerning a case;

(g) “an officer” means an investigating officer within the meaning of section 27(1) or a named officer of the Director authorised by a warrant issued under section 28;

(h) “regulator” has the meaning given to it by section 54; and

(i) “working day” means day which is not Saturday, Sunday or any other day on which the Office of Fair Trading is closed for business.

(2) Where the Director, if he proposes to take action, is required to consult a person, he shall:

(a) except where otherwise indicated, give written notice to that person; and

(b) state in that notice the action he proposes, his reasons for it and the period within which that person may make written representations to him on these matters.

(3) Where the Director, if he proposes to take action:

(a) is required to consult the public; or

(b) proposes to consult the public in exercise of his discretion to do so,

he shall publish a notice stating the action he proposes, his reasons for it and the period within which written representations may be made to him on these matters, and shall, subject to rules 25 and 26(2) above, consult any third party, within the meaning of paragraph 12(2) of Schedule 9, who appears to him likely to be affected by the action he proposes.

(4) Where the Director is required to publish a decision, a proposal or any other information, he shall do so by means of entry in the register maintained by the Director General of Fair Trading under rule 8 above.

(5) References in these rules to numbered Parts, sections, Schedules or paragraphs are, unless the contrary intention appears, to the Parts, sections, Schedules or paragraphs so numbered in the Competition Act 1998.