http://www.legislation.gov.uk/ukpga/1998/41/part/IVCompetition Act 1998An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations conducted in connection with Article 85 or 86 of the treaty establishing the European Community; to amend the Fair Trading Act 1973 in relation to information which may be required in connection with investigations under that Act; to make provision with respect to the meaning of “supply of services” in the Fair Trading Act 1973; and for connected purposes.1998-11-09texttext/xmlenStatute Law Database2026-01-27Expert Participation2026-01-27 Part IV Supplemental and Transitional Contracts as to patented products <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>70Sections 44 and 45 of the Patents Act 1977 shall cease to have effect. Regulations, orders and rules.711Any power to make regulations or orders which is conferred by this Act is exercisable by statutory instrument.2The power to make rules which is conferred by section 48 is exercisable by statutory instrument.3Any statutory instrument made under this Act may—acontain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; andbmake different provision for different cases.4 An order made under—asection 3,bsection 19,csection 36(8),casection 45(8),cbsection 47C(7),dsection 50, oreparagraph 6(3) of Schedule 4,is subject to the affirmative procedure.4ARegulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure.5Any statutory instrument made under this Act, apart from one made—aunder any of the provisions mentioned in subsection (4) or (4A), orbunder section 76(3),is subject to the negative procedure.6Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.7Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.8Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament. Offences by bodies corporate etc.721This section applies to an offence under any of sections 42 to 44 ....2If an offence committed by a body corporate is proved—ato have been committed with the consent or connivance of an officer, orbto be attributable to any neglect on his part,the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.3In subsection (2) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.4If the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.5If an offence committed by a partnership in Scotland is proved—ato have been committed with the consent or connivance of a partner, orbto be attributable to any neglect on his part,the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.6In subsection (5) “partner” includes a person purporting to act as a partner. Crown application.731Any provision made by or under this Act binds the Crown except that—athe Crown is not criminally liable as a result of any such provision;bthe Crown is not liable for any penalty under any such provision; andcnothing in this Act affects Her Majesty in her private capacity.2Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.3Subsection (1)(c) is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.4If an investigation is conducted under section 25 ... in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—athe power conferred by section 27 ... may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; andbsections 28 and 28A do not apply in relation to land so occupied.5In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6AIn subsection (4) “agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.7In subsection (6) “infringement” means an infringement of EU law relating to Article 85 or 86 of the Treaty establishing the European Community.8If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—aconferred by section 27 ..., orbthat may be conferred by a warrant under section 28 or 28A,should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.9Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown. Amendments, transitional provisions, savings and repeals.741The minor and consequential amendments set out in Schedule 12 are to have effect.2The transitional provisions and savings set out in Schedule 13 are to have effect.3The enactments set out in Schedule 14 are repealed. Consequential and supplementary provision.751The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any of its provisions or for giving full effect to it.2An order under subsection (1) may, in particular, make provision—afor enabling any person by whom any powers will become exercisable, on a date specified by or under this Act, by virtue of any provision made by or under this Act to take before that date any steps which are necessary as a preliminary to the exercise of those powers;bfor making savings, or additional savings, from the effect of any repeal made by or under this Act.3Amendments made under this section shall be in addition, and without prejudice, to those made by or under any other provision of this Act.4No other provision of this Act restricts the powers conferred by this section.Rules in relation to Part 2 and Part 2A75A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title, commencement and extent.761This Act may be cited as the Competition Act 1998.2Sections 71 and 75 and this section and paragraphs 1 to 7 and 35 of Schedule 13 come into force on the passing of this Act.3The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.4This Act extends to Northern Ireland.1977 c. 37. 1947 c. 44. S. 74 partly in force; s. 74 not in force at Royal Assent see s. 76(3); s. 74 in force for certain purposes at 1.11.1999 by S.I. 1998/3166, art. 2, Sch.; s. 74(1)(3) in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; s. 74 in force for certain purposes at 1.3.2000 by S.I. 2000/344, art. 2, Sch.S. 76 power partly exercised (9.11.1998): 26.11.1998 appointed for specified provisions by S.I. 1998/2750, art. 2S. 76 power partly exercised (16.12.1998): 11.1.1999 appointed for specified provisions by S.I. 1998/3166, art. 2, Sch.S. 76 power partly exercised (2.3.1999): 1.4.1999 appointed for specified provisions by S.I. 1999/505, art. 2, Sch. 2S. 76 power partly exercised (19.10.1999): 10.11.1999 appointed for specified provisions by S.I. 1999/2859, art. 2S. 71(4)(ca) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(49); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)S. 73(6A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(4)S. 73(4) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(2)S. 73(7) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(5) (with reg. 6(2))Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))S. 74(3) in force at 10.3.2013 in so far as not already in force by S.I. 2013/284, art. 2(b)S. 71(4)(cb) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 16; S.I. 2015/1630, art. 3(j)Pt. IV modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(3) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))Words in s. 72(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 25; 2020 c. 1, Sch. 5 para. 1(1)Words in s. 73(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(a); 2020 c. 1, Sch. 5 para. 1(1)S. 73(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(3); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 73(4)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 73(4)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(c); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 73(6A) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(4); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 73(8)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 73(8)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(b); 2020 c. 1, Sch. 5 para. 1(1)S. 75A omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 27; 2020 c. 1, Sch. 5 para. 1(1)S. 71(6)-(8) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(5) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)S. 71(4A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(3) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)Words in s. 71(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(2)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)Words in s. 71(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(2)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)Words in s. 71(5) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(4)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)Words in s. 71(5)(a) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(4)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)