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The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001

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Interpretation

2.—(1) In these Regulations—

“the Act” means the Competition Act 1998(1);

“the court” means—

(a)

in England and Wales, the High Court;

(b)

in Scotland, the Court of Session; and

(c)

in Northern Ireland, the High Court;

“the Director” means the Director General of Fair Trading;

“document” includes information recorded in any form;

“information” includes estimates and forecasts;

“investigating officer” has the meaning given in regulation 13(1);

“officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;

“person”, in addition to the meaning given by the Interpretation Act 1978(2), includes any undertaking;

“premises” does not include domestic premises unless—

(a)

they are also used in connection with the affairs of an undertaking, or

(b)

documents relating to the affairs of an undertaking are kept there,

but does include any vehicle;

“President” means the person appointed under paragraph 4 of Schedule 7 to the Act;

“the 1996 Regulations” means the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996(3);

“tribunal” means an appeal tribunal established in accordance with the provisions of Part III of Schedule 7 to the Act; and

“tribunal rules” means the rules made in accordance with section 48(2) of the Act.

(2) References in these Regulations to Articles are references to Articles of the treaty establishing the European Community(4).

(3) Any provision of these Regulations which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).

(4) Paragraph (3) above does not apply where the context otherwise requires.

(5) For the purposes of these Regulations, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.

(6) Any power conferred on the Director by these Regulations to require information includes the power to require any document which he believes may contain that information.

(3)

S.I. 1996/2199.

(4)

References in these Regulations to Articles of the Treaty are to Articles as renumbered by the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts.

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