PART 3

Regulation of health and adult social care services
CHAPTER 2

Competition

Functions under the Competition Act 1998
72
1
The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
2
The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than sections 31D(1) to (6), 38(1) to (6) and 51, so far as relating to any of the following which concern the provision of health care services in England—
a
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive practices),
b
conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
c
agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the Functioning of the European Union (anti-competitive practices),
d
conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
3
So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6), 38(1) to (6), 51, 52(6) and (8) and 54.