Part 5

Competition in communications markets
Chapter 1

Functions of OFCOM under competition legislation

OFCOM’s functions under Part 4 of the Enterprise Act 2002
370
1
The functions to which subsection (2) applies shall be concurrent functions of OFCOM and the Office of Fair Trading.
2
This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (market investigations) (other than sections 166 and 171) so far as relating to commercial activities connected with communications matters.
3
So far as necessary for the purposes of, or in connection with, subsections (1) and (2), references in Part 4 of the Enterprise Act 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to OFCOM except—
a
in sections 166 and 171; and
b
where the context otherwise requires.
4
In subsection (2) the reference to activities connected with communications matters, so far as it is a reference to activities connected with any apparatus falling within paragraph (d) of section 369(1), includes a reference to—
a
the supply and export of any such apparatus; and
b
the production or acquisition of any such apparatus for supply or export.
5
Before the Office of Fair Trading or OFCOM first exercises in relation to any matter functions which are exercisable concurrently by virtue of this section, that person shall consult the other.
6
Neither the Office of Fair Trading nor OFCOM shall exercise in relation to any matter functions which are exercisable concurrently by virtue of this section if functions which are so exercisable have been exercised in relation to that matter by the other.
7
It shall be the duty of OFCOM, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference made to them by OFCOM by virtue of subsection (1), to give to the Commission—
a
any information which is in OFCOM’s possession and relates to matters falling within the scope of the investigation and—
i
is requested by the Commission for that purpose, or
ii
is information which, in OFCOM’s opinion, it would be appropriate for that purpose to give to the Commission without any such request;
and
b
any other assistance which the Commission may require, and which it is within OFCOM’s power to give, in relation to any such matters,
and the Commission, for the purposes of carrying out any such investigation, shall take into account any information given to it for that purpose under this subsection.
8
If any question arises as to whether, by virtue of this section, any functions fall to be, or are capable of being, carried out by OFCOM in relation to any particular case, that question shall be referred to and determined by the Secretary of State.
9
No objection shall be taken to anything done under Part 4 of the Enterprise Act 2002 (c. 40) by or in relation to OFCOM on the ground that it should have been done by or in relation to the Office of Fair Trading.
10
Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by OFCOM by virtue of this section as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to OFCOM.
11
Subject to subsection (12), section 3 does not apply in relation to anything done by OFCOM in the carrying out of their functions by virtue of this section.
12
In the carrying out of any functions by virtue of this section OFCOM may nevertheless have regard to any of the matters in respect of which a duty is imposed by section 3(1) to (4) if it is a matter to which the Office of Fair Trading is entitled to have regard in the carrying out of those functions.
S. 370 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 370 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)