Competition Act 1980

6 Scope of competition references

(1) In a competition reference the Director shall specify—

(a) the person or persons whose activities are to be investigated by the Commission (in this section referred to as the person or persons " subject to the reference "),

(b) the goods or services to which the investigation is to extend, and

(c) the course or courses of conduct to be investigated.

(2) The Director may not under subsection (1) above specify in a competition reference any person who is not specified in the relevant report nor any goods or services which are not so specified nor any course of conduct which is not described in that report but, subject to that and subsection (3) below, the Director may under subsection (1) above specify such person or persons, such goods or services and such course or courses of conduct as he considers appropriate.

(3) To the extent that the Director is of the opinion that an undertaking accepted by him under section 4 above covers the activities of any person specified in the relevant report, or any goods or services so specified, or any course of conduct described in that report, the Director shall exclude that person, those goods or services or, as the case may require, that course of conduct from the reference.

(4) In subsection (3) above the reference to an undertaking accepted by the Director under section 4 above does not include—

(a) an undertaking in respect of which notice has been served under subsection (4)(c) of that section, or

(b) an undertaking in respect of which the Director has given notice under subsection (5)(b) of that section specifying a new or varied undertaking, unless he has agreed upon its continuation with or without variation.

(5) Subject to subsection (6) below, on a competition reference the Commission shall investigate and report on the following questions, namely—

(a) whether any person subject to the reference was at any time during the period of twelve months ending on the date of the reference pursuing, in relation to goods or services specified in the reference, a course of conduct so specified or any other course of conduct which appears to be similar in form and effect to the one so specified; and

(b) whether, by pursuing any such course of conduct, a person subject to the reference was at any time during that period engaging in an anti-competitive practice; and

(c) whether, if any person was so engaging in an anti competitive practice, the practice operated or might be expected to operate against the public interest.

(6) The Director may at any time, by notice given to the Commission, restrict the scope of a competition reference by excluding from the reference—

(a) some or all of the activities of any person subject to the reference,

(b) any goods or services specified in the reference, or

(c) any course of conduct so specified,

and, subject to section 7 below, on the receipt of such notice the Commission shall discontinue their investigation so far as it relates to any matter so excluded and shall make no reference to any such matter in their report.