The Designation of the Competition and Markets Authority as a National Competition Authority Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

Article 35 of Council Regulation (EC) No 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ No. L1, 4.1.2003, p.1) (“the EC Competition Regulation”) provides that Member States shall designate the competition authority or authorities responsible for the application of Articles 81 and 82 of the Treaty (now Articles 101 and 102 of the Treaty on the Functioning of the European Union) in such a way that the provisions of that Regulation are effectively complied with.

Regulation 2 of these Regulations designates the Competition and Markets Authority as a national competition authority, pursuant to Article 35 of the EC Competition Regulation, for the purposes of Chapters I, II, IV, V, VIII and IX of the EC Competition Regulation.

The designation in these Regulations is a result of section 25 of and Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (“the Act”) which provide for the creation of the CMA. Section 26 of and Schedules 5 and 6 to the Act also provide for the abolition of the Office of Fair Trading (“OFT”).

Article 2 of and paragraph 13(2) of Part 1 of Schedule 1 to the Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 amend the Competition Act 1998 and Other Enactments (Amendment) Regulations 2004/1261, to remove the designation of the OFT as a national competition authority.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.