Competition Bill [H.L.]

House of Commons portcullis

House of Commons

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 amended in Committee in the House of Commons. Brought from the Lords on 9 March 1998 and printed on 25 June 1998.

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.

Excluded cases

19. Excluded cases.

Notification

20. Requests for Director to consider conduct.

21. Notification for guidance.

22. Notification for a decision.

23. Effect of guidance.

24. Effect of a decision that the Chapter II prohibition is not infringed.

CHAPTER III

INVESTIGATION AND ENFORCEMENT

Investigations

25. Director's power to investigate.

26. Powers when conducting investigations.

27. Power to enter premises without a warrant.

28. Power to enter premises under a warrant.

29. Entry of premises under warrant: supplementary.

30. Privileged communications.

31. Decisions following an investigation.

Enforcement

32. Directions in relation to agreements.

33. Directions in relation to conduct.

34. Enforcement of directions.

35. Interim measures.

36. Penalty for infringing Chapter I or Chapter II prohibition.

37. Recovery of penalties.

38. The appropriate level of a penalty.

39. Limited immunity for small agreements.

40. Limited immunity in relation to the Chapter II prohibition.

41. Agreements notified to the Commission.

Offences

42. Offences.

43. Destroying or falsifying documents.

44. False or misleading information.

CHAPTER IV

THE COMPETITION COMMISSION AND APPEALS

The Commission

45. The Competition Commission.

Appeals

46. Appealable decisions.

47. Third party appeals.

48. Appeal tribunals.

49. Appeals on point of law etc.

CHAPTER V

MISCELLANEOUS

Vertical agreements and land agreements

50. Vertical agreements and land agreements.

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. Offences.

68. Services relating to use of land.

69. Reports: monopoly references.

PART IV

SUPPLEMENTAL AND TRANSITIONAL

70. Contracts as to patented products etc.

71. Regulations, orders and rules.

72. Offences by bodies corporate etc.

73. Crown application.

74. Amendments, transitional provisions, savings and repeals.

75. Consequential and supplementary provision.

76. 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 - During the Interim Period.

    Part III - On the Starting Date.

    Part IV - On and After the Starting Date.

    Part V - The Fair Trading Act 1973 (c.41.).

    Part VI - The Competition Act 1980 (c.21.).

    Part VII - Miscellaneous.

    Schedule 14 - Repeals and Revocations.

    Part I - Repeals.

    Part II - Revocations.

© Parliamentary copyright 1998
Prepared 29 June 1998