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Session 1997-98
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Other Bills before Parliament

Competition Bill [H.L.]

This is the text of the Competition Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 9 March 1998.

 
  
EXPLANATORY AND FINANCIAL MEMORANDUM
 
 
 
  
Competition Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
COMPETITION
CHAPTER I
AGREEMENTS
Introduction
Clause 
1.Enactments replaced.

The prohibition
2.Agreements etc. preventing, restricting or distorting competition.

Excluded agreements
3.Excluded agreements.

Exemptions
4.Individual exemptions.
5.Cancellation etc. of individual exemptions.
6.Block exemptions.
7.Block exemptions: opposition.
8.Block exemptions: procedure.
9.The criteria for individual and block exemptions.
10.Parallel exemptions.
11.Exemption for certain other agreements.

Notification
12.Requests for Director to examine agreements.
13.Notification for guidance.
14.Notification for a decision.
15.Effect of guidance.
16.Effect of a decision that the Chapter I prohibition is not infringed.

CHAPTER II
ABUSE OF DOMINANT POSITION
Introduction
17.Enactments replaced.

The prohibition
18.Abuse of dominant position.
19.Abuse of dominant position by national newspaper.

Excluded cases
20.Excluded cases.

Notification
21.Requests for Director to consider conduct.
22.Notification for guidance.
23.Notification for a decision.
24.Effect of guidance.
25.Effect of a decision that the Chapter II prohibition is not infringed.

CHAPTER III
INVESTIGATION AND ENFORCEMENT
Investigations
26.Director's power to investigate.
27.Powers when conducting investigations.
28.Power to enter premises without a warrant.
29.Power to enter premises under a warrant.
30.Entry of premises under warrant: supplementary.
31.Privileged communications.
32.Decisions following an investigation.

Enforcement
33.Directions in relation to agreements.
34.Directions in relation to conduct.
35.Enforcement of directions.
36.Interim measures.
37.Penalty for infringing Chapter I or Chapter II prohibition.
38.Recovery of penalties.
39.The appropriate level of a penalty.
40.Limited immunity for small agreements.
41.Limited immunity in relation to the Chapter II prohibition.
42.Agreements notified to the Commission.

Offences
43.Offences.
44.Destroying or falsifying documents.
45.False or misleading information.

CHAPTER IV
THE COMPETITION COMMISSION AND APPEALS
The Commission
46.The Competition Commission.

Appeals
47.Appealable decisions.
48.Third party appeals.
49.Appeal tribunals.
50.Appeals on point of law etc.

CHAPTER V
MISCELLANEOUS
Director's rules, guidance and fees
51.Rules.
52.Advice and information.
53.Fees.

Regulators
54.Regulators.

Confidentiality and immunity from defamation
55.General restrictions on disclosure of information.
56.Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.
57.Defamation.

Findings of fact by Director
58.Findings of fact by Director.

Interpretation and governing principles
59.Interpretation.
60.Principles to be applied in determining questions.

PART II
INVESTIGATIONS IN RELATION TO ARTICLES 85 AND 86
61.Introduction.
62.Power to enter premises: Commission investigations.
63.Power to enter premises: Director's special investigations.
64.Entry of premises under sections 62 and 63: supplementary.
65.Offences.

PART III
MONOPOLIES
66.Monopoly investigations: general.
67.Enforcement.
68.Services relating to use of land.

PART IV
SUPPLEMENTAL AND TRANSITIONAL
69.Contracts as to patented products etc.
70.Regulations, orders and rules.
71.Offences by bodies corporate etc.
72.Crown application.
73.Amendments, transitional provisions, savings and repeals.
74.Consequential and supplementary provision.
75.Short title, commencement and extent.
 

SCHEDULES:
    Schedule 1-Exclusions: Mergers and Concentrations.
    Part I-Mergers.
    Part II-Concentrations subject to EC controls.
    Schedule 2-Exclusions: Other Competition Scrutiny.
    Part I-Financial Services.
    Part II-Companies.
    Part III-Broadcasting.
    Part IV-Environmental Protection.
    Schedule 3-General Exclusions.
    Schedule 4-Professional Rules.
    Part I-Exclusion.
    Part II-Professional Services.
    Schedule 5-Notification under Chapter I: Procedure.
    Schedule 6-Notification under Chapter II: Procedure.
    Schedule 7-The Competition Commission.
    Part I-General.
    Part II-Performance of the Commission's General Functions.
    Part III-Appeals.
    Part IV-Miscellaneous.
    Part V-Transitional provisions.
    Schedule 8-Appeals.
    Part I-General.
    Part II-Rules.
    Schedule 9-Director's Rules.
    Schedule 10-Regulators.
    Part I-Monopolies.
    Part II-The Prohibitions.
    Part III-The Prohibitions: Northern Ireland.
    Part IV-Utilities: Minor and Consequential Amendments.
    Part V-Minor and Consequential Amendments: Northern Ireland.
    Schedule 11-Interpretation of Section 55.
    Schedule 12-Minor and Consequential Amendments.
    Schedule 13-Transitional Provisions and Savings.
    Part I-General.
    Part II-Agreements.
    Part III-Agreements made before the commencement date.
    Part IV-Later Agreements.
    Part V-Monopolies and Mergers.
    Part VI-Competition.
    Schedule 14-Repeals and Revocations.
    Part I-Repeals.
    Part II-Revocations.
 


 
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© Parliamentary copyright 1998
Prepared 10 March 1998