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This Order prohibits travel agents and tour operators, who are interconnected bodies corporate or who are the same body corporate and satisfy a market share test, from entering into or carrying out agreements (whenever made) for the supply or offer to supply by the travel agent to consumers of the foreign package holidays of the tour operator, unless the travel agent takes certain specified steps to draw that corporate link to the attention of consumers. The market share test is satisfied where one or other or both of the following criteria is or are satisfied: the travel agent or the travel group to which it belongs has a share of the market in travel agents' services exceeding 5%; or the tour operator or the travel group to which it belongs has a share of the market in tour operators' services exceeding 5%.
The Order gives the Secretary of State power to issue directions to travel agents, tour operators and their office holders relating to steps to be taken by them to ensure compliance with the Order.
Copies of the report of the Monopolies and Mergers Commission on which the Order is based (Cm. 3813) may be obtained from The Stationery Office.
A Regulatory Impact Assessment has been drawn up by the Department of Trade and Industry and is available from Competition Policy Directorate, Department of Trade and Industry, Room 618, 1 Victoria Street, London SW1H 0ET, telephone 020 7215 6937. Copies have been placed in the libraries of both Houses of Parliament.
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