The EC Competition Law (Articles 84 and 85) Enforcement (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 (“the principal Regulations”), which make provision for the investigation of, and the making and enforcement of decisions in respect of, agreements or conduct on which it appears to the Director General of Fair Trading (“the Director”) the United Kingdom has a duty to rule under Article 84 of the EC Treaty (as renumbered by the Treaty of Amsterdam).

Regulation 3 of these Regulations amends regulation 4 of the principal Regulations to give certain powers to the Director to make directions in relation to take-off or landing slots at airports. Those powers may be used where an exemption from the prohibition in Article 81(1) of the EC Treaty granted by the Director is subject to conditions or obligations concerning slots, and he considers that for the purpose of that exemption it is appropriate to give directions in relation to the allocation or use of those slots. The airports in question are those co-ordinated under Council Regulation (EEC) No. 95/93.

Regulation 4 amends regulation 20 of the principal Regulations to enable the Director to enforce such a direction by means of an application to the court.

Regulation 5 amends regulation 25 of the principal Regulations to permit any person to whom such a direction is given to appeal to a tribunal established under Part III of Schedule 7 to the Competition Act 1998. In addition, regulation 25(3) is amended to permit any party to the exempted agreement to appeal against the decision as to whether to give a direction or as to the terms of the direction.

Regulations 6 amends rule 13 of Schedule 1 to the principal Regulations to require the Director to publish any such directions by means of an entry in the register maintained under rule 7 of that Schedule.