http://www.legislation.gov.uk/ukpga/2002/40/chapter/4/crossheading/8Enterprise Act 2002An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.texttext/xmlenStatute Law Database2026-05-18Expert Participation2026-04-06
Enterprise Act 2002s. 84A-84C and cross-headingThe Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 9reg. 1(1)Enterprise Act 2002s. 86(A1)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 9reg. 1(1)Enterprise Act 2002s. 91(3)(ba)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 9reg. 1(1)Enterprise Act 2002s. 92(A1)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 9reg. 1(1)Enterprise Act 2002s. 92AThe Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 9reg. 1(1)Enterprise Act 2002s. 109(8B)(8C)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 10reg. 1(1)Enterprise Act 2002s. 109(A1)(c)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 10reg. 1(1)Enterprise Act 2002s. 110A(3A)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 10reg. 1(1)Enterprise Act 2002Sch. 10 para. 1(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 13reg. 1(1)Enterprise Act 2002Sch. 10 para. 1AThe Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 13reg. 1(1)Enterprise Act 2002Sch. 10 para. 6(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 13reg. 1(1)
Part 3MergersChapter 4<SmallCaps>Enforcement</SmallCaps>
<Addition ChangeId="key-e65499964f67b5ca84b2cc62aeadaeb0-1626353072492" CommentaryRef="key-e65499964f67b5ca84b2cc62aeadaeb0">Transferred EU merger commitments </Addition>
<Addition ChangeId="key-e65499964f67b5ca84b2cc62aeadaeb0-1626353072492" CommentaryRef="key-e65499964f67b5ca84b2cc62aeadaeb0"> Transferred EU merger commitments</Addition>
95A
1
The CMA must—
a
monitor compliance with transferred EU merger commitments; and
b
take such action (if any) under subsection (3) or section 95B as it considers appropriate.
2
Any person to whom transferred EU merger commitments relate has a duty to comply with those commitments.
3
Compliance with transferred EU merger commitments is enforceable by civil proceedings brought by the CMA for an injunction or for interdict or for any other appropriate relief or remedy.
4
The rights of the CMA under subsection (3) are not affected by any provisions of transferred EU merger commitments which provide for disputes relating to compliance with the commitments to be resolved by arbitration.
5
The CMA must ensure that the provisions of transferred EU merger commitments are entered and kept up to date in the register referred to in section 91.
6
In this Part “transferred EU merger commitments” means EU merger commitments—
a
which are the subject of an Article 95(2) transfer decision (and, where those commitments are modified by, or as contemplated by, that decision or by a later Article 95(2) transfer decision, means those commitments as so modified); and
b
which have not been waived or substituted by the European Commission.
7
In this section—
“Article 95(2) transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of EU merger commitments to the CMA;
“EU merger commitments” means commitments attached to a decision adopted by the European Commission under Article 6(1)(b) and (2) or 8(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings.
8
So far as the context permits or requires, transferred EU merger commitments are to be treated for the purposes of this Part as if—
a
any reference to the area of the European Union or of the European Economic Area included the United Kingdom;
b
any reference to the internal market included the United Kingdom;
c
any reference to a member State included the United Kingdom;
d
any reference to a party to the EEA agreement included the United Kingdom.
9
Subsection (8) is subject to any different provision made by the Article 95(2) transfer decision in question.
<Addition ChangeId="key-e65499964f67b5ca84b2cc62aeadaeb0-1626353072492" CommentaryRef="key-e65499964f67b5ca84b2cc62aeadaeb0"> Power of directions in connection with transferred EU merger commitments</Addition>
95B
1
The CMA may give directions falling within subsection (2) to—
a
a person specified in the directions; or
b
the holder for the time being of an office so specified in any body of persons corporate or unincorporate.
2
Directions fall within this subsection if they are directions—
a
to take such action as may be specified or described in the directions for the purpose of carrying out, or ensuring compliance with, transferred EU merger commitments; or
b
to do, or refrain from doing, anything so specified or described which the person is required by transferred EU merger commitments to do or refrain from doing.
3
The CMA may vary or revoke any directions so given.
4
Directions under this section may extend to a person’s conduct outside the United Kingdom if (and only if) the person is—
a
a person bound by the transferred EU merger commitments concerned;
b
a United Kingdom national;
c
a body incorporated under the law of the United Kingdom or of any part of the United Kingdom; or
d
a person carrying on business in the United Kingdom.
5
The court may by order require any person who has failed to comply with directions given under this section to comply with them, or otherwise remedy the failure, within such time as may be specified in the order.
6
Where the directions related to anything done in the management or administration of a body of persons corporate or unincorporate, the court may by order require the body of persons concerned or any officer of it to comply with the directions, or otherwise remedy the failure to comply with them, within such time as may be specified in the order.
7
An order under subsection (5) or (6) may only be made on the application of the CMA.
8
An order under subsection (5) or (6) may provide for all the costs or expenses of, or incidental to, the application for the order to be met by any person in default or by any officers of a body of persons corporate or unincorporate who are responsible for its default.
9
In this section “the court” means—
a
in relation to England and Wales or Northern Ireland, the High Court; and
b
in relation to Scotland, the Court of Session.
Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, Sch. 11 para. 11(2)-(4)(8); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Pt. 3 excluded in part (29.9.2008) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), arts. 1(2), 40
Pt. 3 modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 paras. 28-33; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))
Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))
Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27); and (23.8.2024) by S.I. 2024/840, regs. 1(1), 3-7; and (1.1.2025) by S.I. 2024/1234, regs. 1(1), 3-10 (with reg. 11))
Ss. 95A, 95B and cross-heading inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 48A (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 8, 35-59)
Pt. 3 modified (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 79, 306(4); S.I. 2012/1319, art. 2(3)
Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)
Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)