Buy an existing business
- 1 step
UK Act of Parliament
1998
United Kingdom
Competition Act 1998
At a glance
What's here
18 compliance obligations, 5 practical guides across 3 topics · 4 journeys · 4 statutory instruments
Penalty landscape
4 of 18 obligations carry an unlimited fine. 3 carry different penalties and 11 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 9
- Director or Officer 1
Plus 8 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Start exporting from the UK
- 1 step
Grow your retail business
- 1 step
Validate your business idea before you invest
- 1 step
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesSupporting — topic alignment
2 guidesMentioned in related content
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Competition
Notification for guidance.
- Apply for guidance on whether your conduct breaches competition law Any Person
Notification for a decision.
- Notify the CMA to request a decision on your business conduct Any Person
Duty to preserve documents relevant to investigations
Unlimited fine- Do not destroy or tamper with documents relevant to a CMA investigation Any Person
Investigations: power to ask questions
Unlimited fineOther duties (1) — Crown / regulator
- CMA must notify your business when questioning connected individuals Statutory regulator
Entry of premises under warrant: supplementary.
Other duties (1) — Crown / regulator
- Regulators must follow specific procedures when executing search warrants Statutory regulator
Effect of commitments under section 31A
Other duties (1) — Crown / regulator
- CMA must stop investigations if formal commitments are accepted Statutory regulator
Review of commitments
Other duties (1) — Crown / regulator
- CMA must report on and publish reviews of business commitments Statutory regulator
Guidance
Other duties (1) — Crown / regulator
- CMA must publish and consult on guidance for competition commitments Statutory regulator
Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties
Unlimited fine- Breach of competition commitments or directions Any Person
Statement of policy in relation to functions under sections 31E, 34 and 35A
Other duties (1) — Crown / regulator
- CMA must publish its policy on competition law penalties and enforcement Statutory regulator
Recovery of penalties.
Unlimited fine- Failure to pay a competition law fine Any Person
The appropriate level of a penalty.
Other duties (1) — Crown / regulator
- CMA must publish and follow guidance on competition fine levels Statutory regulator
Obstruction.
2 years imprisonment- Obstruct a competition regulator officer Any Person
False or misleading information.
2 years imprisonment- Provide false or misleading information to the CMA Any Person
Collective settlements: where a collective proceedings order has been made
- Apply for Tribunal approval of a collective settlement Any Person
Enforcement of approved schemes
- Comply with the terms of an approved consumer redress scheme Any Person
Advice and information.
Other duties (1) — Crown / regulator
- CMA must provide guidance on competition law and enforcement Statutory regulator
Browse 81 other sections in this Part — procedural / definitional / commencement
Enactments replaced.
Agreements etc. preventing, restricting or distorting competition.
Excluded agreements.
Individual exemptions.
Cancellation etc. of individual exemptions.
Block exemptions.
Block exemptions: opposition.
Block exemptions: procedure.
Exempt agreements.
Assimilated exemptions.
Power to vary etc assimilated block exemption regulations
Exemption for certain other agreements.
Requests for OFT to examine agreements.
Notification for guidance.
Notification for a decision.
Effect of guidance.
Effect of a decision that the Chapter I prohibition has not been infringed.
Enactments replaced.
Abuse of dominant position.
Excluded cases.
Requests for OFT to consider conduct.
Effect of guidance.
Effect of a decision that the Chapter II prohibition has not been infringed.
Power of CMA to investigate
Power of CMA to publish notice of investigation etc
Investigations: powers to require documents and information
Power to enter business premises without a warrant
Power to enter business premises under a warrant.
Power to enter domestic premises under a warrant
Privileged communications.
Use of statements in prosecution
Decisions following an investigation.
Commitments
Enforcement of commitments
Power for Secretary of State to impose time-limits on investigations etc.
Directions in relation to agreements.
Directions in relation to conduct.
Enforcement of directions.
Interim measures.
Penalties under section 35A: amount
Penalties.
Limited immunity in relation to the Chapter I prohibition.
Limited immunity in relation to the Chapter II prohibition.
Penalties: amount
Statement of policy on penalties
Interpretation
Transferred EU anti-trust commitments
Transferred EU anti-trust directions
Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions
Enforcement of requirements: imposition of penalties
Agreements notified to the Commission.
Destroying or falsifying documents.
Giving of notices under Chapter 3
Extra-territorial application of notices under sections 26 and 40ZD
The Competition Commission.
Appealable decisions.
Third party appeals
Proceedings before the Tribunal: claims for damages etc.
Collective proceedings before the Tribunal
Collective proceedings: damages and costs
Proceedings under section 47A or collective proceedings: injunctions etc.
Proceedings under section 47A or collective proceedings: declaratory relief
Limitation or prescriptive periods for proceedings under section 47A and collective proceedings
Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal
Appeal tribunals.
Further appeals from the Tribunal
Collective settlements: where a collective proceedings order has not been made
Approval of redress schemes by the CMA
Redress schemes: recovery of costs
Vertical agreements and land agreements.
Rules.
Fees.
Regulators.
General restrictions on disclosure of information.
Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.
Defamation.
Findings of fact by CMA.
Infringement decisions
Interpretation of Part 1.
Principles to be applied in determining questions.
Certain principles etc to be considered or applied from IP completion day
Part 2A — Article 22(1) investigations
Browse 12 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 2A
Power to conduct an Article 22(1) investigation
Powers when conducting Article 22(1) investigations
Power to enter business premises without a warrant
Power to enter business premises under a warrant
Power to enter domestic premises under a warrant
Entry of premises under a warrant: supplementary
Privileged communications
Use of statements in prosecution
Offences
Destroying or falsifying documents
False or misleading information
Part II — Inspections under Articles 20, 21 and 22(2)
Browse 9 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 2
Power to enter business premises under a warrant: Article 20 inspections
Power to enter non-business premises under a warrant: Article 21 inspections
Powers when conducting an Article 22(2) inspection
Power to enter business premises under a warrant: Article 22(2) inspections
Entry of premises under sections 62, 60, 62A and 63: supplementary.
Offences.
Privileged communications: Article 22(2) inspections
Use of statements in prosecution: Article 22(2) inspections
Part III — Monopolies
Browse 4 other sections in this Part — procedural / definitional / commencement
Monopoly investigations: general.
Offences.
Services relating to use of land.
Reports: monopoly references.
Part IV — Supplemental and Transitional
Offences by bodies corporate etc.
2 years imprisonment- Consent, connivance or neglect in a corporate competition offence Director or Officer
Browse 7 other sections in this Part — procedural / definitional / commencement
Contracts as to patented products etc.
Regulations, orders and rules.
Crown application.
Amendments, transitional provisions, savings and repeals.
Consequential and supplementary provision.
Rules in relation to Part 2 and Part 2A
Short title, commencement and extent.
Schedules
Browse 299 other Schedules — structural / supplementary
Exclusions: Mergers and Concentrations
General Exclusions
Professional Rules
The Competition Commission
Appeals
Regulators
Interpretation of Section 55
Transitional Provisions and Savings
Repeals and Revocations
(1) To the extent to which an agreement (either on...
(1) To the extent to which conduct (either on its...
(1) The Chapter I prohibition does not apply to an...
(1) The exclusion provided by paragraph 1 does not apply...
An agreement is a protected agreement for the purposes of...
(1) To the extent to which an agreement (either on...
Exclusions: Other Competition Scrutiny
(1) The Financial Services Act 1986 is amended as follows....
(1) The Companies Act 1989 is amended as follows.
(1) The Broadcasting Act 1990 is amended as follows.
(1) The Chapter I prohibition does not apply in respect...
(1) The Environment Act 1995 is amended as follows.
(1) The Chapter I prohibition does not apply to an...
(1) The Chapter 1 prohibition does not apply to an...
(1) The Chapter I prohibition does not apply to an...
Neither the Chapter I prohibition nor the Chapter II prohibition...
(1) The Chapter I prohibition does not apply to an...
(1) If the Secretary of State is satisfied that, in...
(1) If the Secretary of State is satisfied that there...
(1) The Chapter I prohibition does not apply to an...
(1) The Chapter I prohibition does not apply to an...
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Professional Rules
Notification under Chapter I: Procedure
In this Schedule— “ applicant ” means the person making...
(1) An application must be made in accordance with rules....
(1) If, after a preliminary investigation of an application, the...
When determining an application for guidance, the OFT must follow...
(1) When determining an application for a decision, the OFT...
If the OFT determines an application for a decision it...
(1) This paragraph applies if the court is satisfied, on...
Notification under Chapter II : Procedure
In this Schedule— “ applicant ” means the person making...
(1) An application must be made in accordance with rules....
(1) If, after a preliminary investigation of an application, the...
When determining an application for guidance, the OFT must follow...
(1) When determining an application for a decision, the OFT...
If the OFT determines an application for a decision it...
(1) This paragraph applies if the court is satisfied, on...
COMMITMENTS
Paragraph 2 applies where the CMA proposes to—
Paragraph 11 applies where the CMA proposes to release any...
(1) Before releasing the commitments, the CMA must—
If after giving notice under paragraph 11 the CMA decides...
As soon as practicable after releasing the commitments, the CMA...
A notice under paragraph 11 or 12 shall be given...
(1) Before accepting the commitments or variation, the CMA must—...
(1) The CMA must not accept the commitments or variation...
If, after giving notice under paragraph 2 or 3 the...
The requirements of paragraph 3 shall not apply if the...
The requirements of paragraph 3 shall not apply if the...
As soon as practicable after accepting commitments or a variation...
A notice under paragraph 2 or 3 shall be given...
In this Schedule— “the 1973 Act” means the Fair Trading...
Subject to any provision made by or under this Act,...
(1) The application of the seal of the Commission must...
(1) The Commission must— (a) keep proper accounts and proper...
(1) The Commission shall make to the Secretary of State...
(1) The Commission is not to be regarded as the...
In this Part of this Schedule “group” means a group...
(1) Except where sub-paragraph (7) or (8) gives the Chairman...
The Chairman must appoint one of the members of a...
(1) If, during the proceedings of a group—
(1) At the invitation of the chairman of a group,...
(1) Subject to any special or general directions given by...
(1) The Chairman must make rules of procedure in relation...
(1) The Commission is to consist of—
(1) Subject to sub-paragraph (2) sub-paragraphs (2) to (9), anything...
The chairman of a group is to have a casting...
There are to be members of the Commission appointed by...
The Competition Commission
The Competition Commission
The Competition Commission
The Competition Commission
The Competition Commission
In Part II of Schedule 1 to the House of...
In Part II of Schedule 1 to the Northern Ireland...
(1) The Commission is to have a chairman appointed by...
In this Part of this Schedule— “commencement date” means the...
(1) The person who is Chairman of the MMC immediately...
The persons who are deputy chairmen of the MMC immediately...
(1) The persons who are members of the MMC immediately...
(1) The persons who are members of the MMC immediately...
The person who is the secretary of the MMC immediately...
(1) The members who become deputy chairmen of the Commission...
The Competition Commission
(1) The Commission is to have a management board to...
(1) Subject to the provisions of this Schedule, each member...
(1) The Secretary of State shall pay to the Commission...
The Commission may publish advice and information in relation to...
Subject to the provisions of this Schedule, the Commission has...
(1) The Commission is to have a secretary, appointed by...
the competition commission: procedural rules for mergers and market references etc.
In this Schedule— “ market investigation ” means an investigation...
Rules may make provision— (a) for particular stages of a...
Rules made by virtue of paragraph 2(a) and (b) may,...
Rules made by virtue of paragraph 2(c) may, in particular,...
Rules may make provision as to the quorum of relevant...
Rules may make provision— (a) as to the extent (if...
Rules may make provision for— (a) the notification or publication...
Appeals
Appeals
Appeals
Appeals
Appeals
Appeals
(1) An appeal to the Tribunal under section 46, 47...
(A1) This paragraph applies to any appeal under section 46...
(1) This paragraph applies to— (a) any appeal under section...
(1) This paragraph applies to an appeal under section 49D(3)....
Appeals
Appeals
Appeals
Appeals
Appeals
Appeals
Further Provision about Claims in Respect of Loss or Damage , or for Declaratory Relief, Before a Court or the Tribunal
This Part of this Schedule contains definitions and other provisions...
Burden of proof where an underpayment is passed on to an indirect provider
Burden of proof where an overcharge or underpayment is passed on by the claimant
Liability of small and medium-sized enterprises
Presumption that cartels cause harm
Immunity recipients
Liability of immunity recipients
Contribution between participants in cartels
Time limits for bringing competition proceedings
Length of limitation or prescriptive period
Beginning of limitation or prescriptive period
Competition law etc
Effect of disability on beginning of limitation period: England and Wales and Northern Ireland
Suspension during investigation by competition authority
Suspension during consensual dispute resolution process
Suspension during collective proceedings
Suspension of prescriptive period during period of disability: Scotland
Continuity of limitation or prescriptive period
New claims in pending actions: England and Wales and Northern Ireland
Disclosure orders
Restriction in relation to settlement submissions and cartel leniency statements
Restriction in relation to investigation materials
Competition authority etc
Restriction in relation to material in a competition authority’s file
Power of High Court in Northern Ireland to order disclosure etc by non-parties
Cartel leniency statements and settlement submissions
Investigation materials
Material obtained from a competition authority’s file
Decisions of member State competition authorities
Exemplary damages
Consensual settlement
Assessment of contribution
Effect of consensual settlement on the amount of a claim
Cartels
Effect of consensual settlement for the settling infringer
Effect of consensual settlement on contribution between defendants
(1) Parts 2 to 5 ... and 9 of this...
The following provisions of this Schedule apply only in relation...
In this Part of this Schedule “the relevant day” means...
Settlement submission to a competition authority
Consensual dispute resolution process
Other definitions
Overcharges and underpayments
Burden of proof where an overcharge is passed on to an indirect purchaser
CMA's Rules
In this Schedule “rules” means rules made by the CMA...
Rules may make provision as to the factors which the...
(1) Rules may make provision as to the circumstances in...
Rules may make provision as to— (a) the period within...
(1) Rules may make provision as to the procedure to...
(1) Rules may make provision as to arrangements to be...
Rules may make provision as to the procedure to be...
Rules may make provision as to the procedure to be...
(1) Rules may provide for the exercise of a function...
Rules may make provision— (a) as to the form and...
Rules may make provision as to the procedure to be...
Rules may make provision as to— (a) the form and...
(1) Rules may make provision as to—
Rules may make provision as to— (a) the procedure to...
Rules may make provision as to— (a) the form and...
Rules may make provision as to— (a) the procedure to...
Rules may make provision as to— (a) the circumstances in...
The amendments of the Fair Trading Act 1973 made by...
(1) The Gas Act 1986 is amended as follows.
In section 174(3) of the Water Act 1989 (general restrictions...
(1) The Electricity Act 1989 is amended as follows.
(1) The Water Industry Act 1991 is amended as follows....
In Schedule 24 to the Water Resources Act 1991 (disclosure...
(1) The Railways Act 1993 is amended as follows.
(1) The Channel Tunnel Rail Link Act 1996 is amended...
(1) The Electricity (Northern Ireland) Order 1992 is amended as...
(1) The Gas (Northern Ireland) Order 1996 is amended as...
(1) In consequence of the repeal by this Act of...
(1) In consequence of the repeal by this Act of...
(1) In consequence of the repeal by this Act of...
(1) In consequence of the repeal by this Act of...
(1) In consequence of the repeal by this Act of...
(1) In consequence of the repeal by this Act of...
(1) In consequence of the repeal by this Act of...
(1) The Telecommunications Act 1984 is amended as follows.
Interpretation of Section 55
Interpretation of Section 55
Minor and Consequential Amendments
(1) The Fair Trading Act 1973 is amended as follows....
In section 38(3) of the Consumer Protection Act 1987 (restrictions...
In section 33 of the Channel Tunnel Act 1987—
In Schedule 3 to the Road Traffic (Consequential Provisions) Act...
In Schedule 20 to the Companies Act 1989 (amendments about...
In Schedule 1 to the Tribunals and Inquiries Act 1992...
Section 33 of the Osteopaths Act 1993 (competition and anti-competitive...
Section 33 of the Chiropractors Act 1994 (competition and anti-competitive...
In section 59(4) of the Coal Industry Act 1994 (information...
(1) The Deregulation and Contracting Out Act 1994 is amended...
In the Energy Act 1976, omit section 5 (temporary relief...
(1) The Airports (Northern Ireland) Order 1994 is amended as...
In section 77 of the Broadcasting Act 1996 (which modifies...
In section 10(3) of the Estate Agents Act 1979 (restriction...
(1) The Competition Act 1980 is amended as follows.
In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order...
In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order...
(1) The Airports Act 1986 is amended as follows.
In Schedule 11 to the Financial Services Act 1986, in...
In Part II of Schedule 1 to the Companies Consolidation...
(1) In this Schedule— “RPA” means the Resale Prices Act...
(1) This paragraph applies even though the relevant provisions of...
(1) Even though section 3 of the RTPA is repealed...
(1) Even though section 26 of the RTPA is repealed...
(1) Even though section 35 of the RTPA is repealed...
(1) The Chapter I prohibition does not apply to an...
(1) For the purposes of this Schedule “continuing proceedings” means...
Proceedings on an application for an order under section 4...
Proceedings on an application for an order under section 16...
(1) On an application made jointly to the Court by...
(1) Except where this Chapter or Chapter IV provides otherwise,...
(1) Nothing in this Schedule affects the power of the...
(1) There is no transitional period for an agreement to...
In the case of an agreement which is the subject...
(1) In the case of an agreement relating to goods...
(1) To the extent to which an agreement contains provisions...
(1) In the case of an agreement relating to goods...
(1) This paragraph applies to agreements— (a) which are subject...
(1) In the case of an agreement in respect of...
In this Chapter “the relevant period” means the period beginning...
(1) For an agreement to which, immediately before the starting...
(1) There is a transitional period for an agreement (whether...
(1) The Director may publish advice and information explaining provisions...
(1) For an agreement to which, immediately before the starting...
(1) There is a transitional period for an agreement of...
(1) For an agreement to which, immediately before the starting...
(1) There is a transitional period for an agreement of...
(1) In this paragraph— “section 131” means section 131 of...
(1) Subject to sub-paragraph (3), each of the regulators may...
(1) A party to an agreement for which there is...
(1) Subject to sub-paragraph (2), the Director may by a...
(1) If the Director is considering whether to give a...
(1) The Director must specify in a direction under paragraph...
(1) The Secretary of State may, at any time during...
(1) If, on the date on which the repeal by...
(1) In this paragraph— “the 1973 Act” means the Fair...
(1) The repeals made by section 1 do not affect...
(1) Subject to sub-paragraph (2), an undertaking accepted by the...
The repeals made by section 1 do not affect—
(1) Section 55 of this Act applies in relation to...
If it appears to the Lord Chancellor that a person...
An agreement which— (a) is made during the interim period,...
In relation to agreements made during the interim period—
(1) Sub-paragraphs (2) to (4) apply in relation to agreements...
(1) Proceedings in respect of an application which is made...
(1) An order in force immediately before the starting date...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Legislation - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- Our priorities - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- Complaints and disputes we can help with - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- How we investigate - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- Closed cases - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- New appointee bulk charging working group - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- Competition law compliance - Ofwat (opens in a new tab) from Ofwat Detailed Guidance
- Submit a competition complaint | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- Ofgem’s open letter on the CMA’s Voluntary Redress Scheme Guidance | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- The Enforcement Guidelines | Ofgem (opens in a new tab) from Ofgem Detailed Guidance
- ... and 27 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
CMA
PrimaryCompetition and Markets Authority
Promotes competitive markets and tackles unfair behaviour. Investigates mergers, enforces competition law, and has specific digital markets powers. Digital Markets Unit (DMU) …
Office of Gas and Electricity Markets
Regulates gas and electricity markets in Great Britain. Issues licences for generation, transmission, distribution, and supply. Protects consumers and promotes competition. Also …
Water Services Regulation Authority
Economic regulator for the water and sewerage sectors in England and Wales. Sets price limits, monitors service quality, and enforces environmental duties. …
Water Industry Commission for Scotland
Economic regulator for the Scottish water industry. Sets charges for Scottish Water and promotes efficiency and value for money.
Utility Regulator (Northern Ireland)
Regulates electricity, gas, and water industries in Northern Ireland. Protects consumers, promotes competition, and ensures adequate utility supply.
Payment Systems Regulator
Economic regulator for payment systems in the UK. Promotes competition, innovation, and service-user interests in payment systems. Regulates participants in designated payment …
Connected legislation
4 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (4)
- Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 2004
- Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000 2000
- Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 2022
- Competition (Amendment ) (EU Exit) Regulations 2019 2019
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.