UK Act of Parliament 1998 United Kingdom

Competition Act 1998

An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations conducted in connection with Article 85 or 86 of the treaty establishing the European Community; to amend the Fair Trading Act 1973 in relation to information …

Enforced by
CMA, Ofgem, Ofwat, WICS, UREGNI, PSR
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 18 obligations carry an unlimited fine. 3 carry different penalties and 11 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person9 Director or Officer1

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Competition

17 of 98 sections shown
s.021 Notification for guidance. (opens in a new tab) Regulated
  • Apply for guidance on whether your conduct breaches competition lawAny Person
s.022 Notification for a decision. (opens in a new tab) Regulated
  • Notify the CMA to request a decision on your business conductAny Person
s.025 Duty to preserve documents relevant to investigations Prosecution
  • Do not destroy or tamper with documents relevant to a CMA investigationAny Person

Unlimited fine

s.026 Investigations: power to ask questions Prosecution
Other duties (1) — Crown / regulator
  • CMA must notify your business when questioning connected individualsStatutory regulator

Unlimited fine

s.029 Entry of premises under warrant: supplementary. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must follow specific procedures when executing search warrantsStatutory regulator
s.031 Effect of commitments under section 31A Regulated
Other duties (1) — Crown / regulator
  • CMA must stop investigations if formal commitments are acceptedStatutory regulator
s.031 Review of commitments Regulated
Other duties (1) — Crown / regulator
  • CMA must report on and publish reviews of business commitmentsStatutory regulator
s.031 Guidance Regulated
Other duties (1) — Crown / regulator
  • CMA must publish and consult on guidance for competition commitmentsStatutory regulator
s.035 Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties Prosecution
  • Breach of competition commitments or directionsAny Person

Unlimited fine

s.035 Statement of policy in relation to functions under sections 31E, 34 and 35A Regulated
Other duties (1) — Crown / regulator
  • CMA must publish its policy on competition law penalties and enforcementStatutory regulator
s.037 Recovery of penalties. (opens in a new tab) Prosecution
  • Failure to pay a competition law fineAny Person

Unlimited fine

s.038 The appropriate level of a penalty. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CMA must publish and follow guidance on competition fine levelsStatutory regulator
s.042 Obstruction. (opens in a new tab) Imprisonment
  • Obstruct a competition regulator officerAny Person
s.044 False or misleading information. (opens in a new tab) Imprisonment
  • Provide false or misleading information to the CMAAny Person
s.049 Collective settlements: where a collective proceedings order has been made Regulated
  • Apply for Tribunal approval of a collective settlementAny Person
s.049 Enforcement of approved schemes Regulated
  • Comply with the terms of an approved consumer redress schemeAny Person
s.052 Advice and information. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CMA must provide guidance on competition law and enforcementStatutory regulator
81 other sections in this Part — procedural and definitional
s.010 Power to vary etc assimilated block exemption regulations
s.025 Power of CMA to publish notice of investigation etc
s.028 Power to enter domestic premises under a warrant
s.030 Use of statements in prosecution
s.031 Commitments
s.031 Enforcement of commitments
s.031 Power for Secretary of State to impose time-limits on investigations etc.
s.035 Penalties under section 35A: amount
s.040 Penalties: amount
s.040 Statement of policy on penalties
s.040 Interpretation
s.040 Transferred EU anti-trust commitments
s.040 Transferred EU anti-trust directions
s.040 Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions
s.040 Enforcement of requirements: imposition of penalties
s.044 Giving of notices under Chapter 3
s.044 Extra-territorial application of notices under sections 26 and 40ZD
s.047 Proceedings before the Tribunal: claims for damages etc.
s.047 Collective proceedings before the Tribunal
s.047 Collective proceedings: damages and costs
s.047 Proceedings under section 47A or collective proceedings: injunctions etc.
s.047 Proceedings under section 47A or collective proceedings: declaratory relief
s.047 Limitation or prescriptive periods for proceedings under section 47A and collective proceedings
s.047 Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal
s.049 Collective settlements: where a collective proceedings order has not been made
s.049 Approval of redress schemes by the CMA
s.049 Redress schemes: recovery of costs
s.058 Infringement decisions
s.060 Certain principles etc to be considered or applied from IP completion day
Part 2

Article 22(1) investigations

0 of 12 sections shown
12 other sections in this Part — procedural and definitional
s.065 Interpretation of Part 2A
s.065 Power to conduct an Article 22(1) investigation
s.065 Powers when conducting Article 22(1) investigations
s.065 Power to enter business premises without a warrant
s.065 Power to enter business premises under a warrant
s.065 Power to enter domestic premises under a warrant
s.065 Entry of premises under a warrant: supplementary
s.065 Privileged communications
s.065 Use of statements in prosecution
s.065 Offences
s.065 Destroying or falsifying documents
s.065 False or misleading information
Part 2

Inspections under Articles 20, 21 and 22(2)

0 of 9 sections shown
9 other sections in this Part — procedural and definitional
s.062 Power to enter non-business premises under a warrant: Article 21 inspections
s.062 Powers when conducting an Article 22(2) inspection
s.065 Privileged communications: Article 22(2) inspections
s.065 Use of statements in prosecution: Article 22(2) inspections
Part 3

Monopolies

0 of 4 sections shown
Part 4

Supplemental and Transitional

1 of 8 sections shown
Schedules

Schedules

0 of 299 shown
299 other schedules
s.sch001 (1) To the extent to which an agreement (either on...
s.sch001 (1) To the extent to which conduct (either on its...
s.sch001 (1) The Chapter I prohibition does not apply to an...
s.sch001 (1) The exclusion provided by paragraph 1 does not apply...
s.sch001 An agreement is a protected agreement for the purposes of...
s.sch001 (1) To the extent to which an agreement (either on...
s.sch002 (1) The Financial Services Act 1986 is amended as follows....
s.sch002 (1) The Companies Act 1989 is amended as follows.
s.sch002 (1) The Broadcasting Act 1990 is amended as follows.
s.sch002 (1) The Chapter I prohibition does not apply in respect...
s.sch002 (1) The Environment Act 1995 is amended as follows.
s.sch003 (1) The Chapter I prohibition does not apply to an...
s.sch003 (1) The Chapter 1 prohibition does not apply to an...
s.sch003 (1) The Chapter I prohibition does not apply to an...
s.sch003 Neither the Chapter I prohibition nor the Chapter II prohibition...
s.sch003 (1) The Chapter I prohibition does not apply to an...
s.sch003 (1) If the Secretary of State is satisfied that, in...
s.sch003 (1) If the Secretary of State is satisfied that there...
s.sch003 (1) The Chapter I prohibition does not apply to an...
s.sch003 (1) The Chapter I prohibition does not apply to an...
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch004 Professional Rules
s.sch005 In this Schedule— “ applicant ” means the person making...
s.sch005 (1) An application must be made in accordance with rules....
s.sch005 (1) If, after a preliminary investigation of an application, the...
s.sch005 When determining an application for guidance, the OFT must follow...
s.sch005 (1) When determining an application for a decision, the OFT...
s.sch005 If the OFT determines an application for a decision it...
s.sch005 (1) This paragraph applies if the court is satisfied, on...
s.sch006 In this Schedule— “ applicant ” means the person making...
s.sch006 (1) An application must be made in accordance with rules....
s.sch006 (1) If, after a preliminary investigation of an application, the...
s.sch006 When determining an application for guidance, the OFT must follow...
s.sch006 (1) When determining an application for a decision, the OFT...
s.sch006 If the OFT determines an application for a decision it...
s.sch006 (1) This paragraph applies if the court is satisfied, on...
s.sch006a COMMITMENTS
s.sch006a Paragraph 2 applies where the CMA proposes to—
s.sch006a Paragraph 11 applies where the CMA proposes to release any...
s.sch006a (1) Before releasing the commitments, the CMA must—
s.sch006a If after giving notice under paragraph 11 the CMA decides...
s.sch006a As soon as practicable after releasing the commitments, the CMA...
s.sch006a A notice under paragraph 11 or 12 shall be given...
s.sch006a (1) Before accepting the commitments or variation, the CMA must—...
s.sch006a (1) The CMA must not accept the commitments or variation...
s.sch006a If, after giving notice under paragraph 2 or 3 the...
s.sch006a The requirements of paragraph 3 shall not apply if the...
s.sch006a The requirements of paragraph 3 shall not apply if the...
s.sch006a As soon as practicable after accepting commitments or a variation...
s.sch006a A notice under paragraph 2 or 3 shall be given...
s.sch007 In this Schedule— “the 1973 Act” means the Fair Trading...
s.sch007 Subject to any provision made by or under this Act,...
s.sch007 (1) The application of the seal of the Commission must...
s.sch007 (1) The Commission must— (a) keep proper accounts and proper...
s.sch007 (1) The Commission shall make to the Secretary of State...
s.sch007 (1) The Commission is not to be regarded as the...
s.sch007 In this Part of this Schedule “group” means a group...
s.sch007 (1) Except where sub-paragraph (7) or (8) gives the Chairman...
s.sch007 The Chairman must appoint one of the members of a...
s.sch007 (1) If, during the proceedings of a group—
s.sch007 (1) At the invitation of the chairman of a group,...
s.sch007 (1) Subject to any special or general directions given by...
s.sch007 (1) The Chairman must make rules of procedure in relation...
s.sch007 (1) The Commission is to consist of—
s.sch007 (1) Subject to sub-paragraph (2) sub-paragraphs (2) to (9), anything...
s.sch007 The chairman of a group is to have a casting...
s.sch007 There are to be members of the Commission appointed by...
s.sch007 The Competition Commission
s.sch007 The Competition Commission
s.sch007 The Competition Commission
s.sch007 The Competition Commission
s.sch007 The Competition Commission
s.sch007 In Part II of Schedule 1 to the House of...
s.sch007 In Part II of Schedule 1 to the Northern Ireland...
s.sch007 (1) The Commission is to have a chairman appointed by...
s.sch007 In this Part of this Schedule— “commencement date” means the...
s.sch007 (1) The person who is Chairman of the MMC immediately...
s.sch007 The persons who are deputy chairmen of the MMC immediately...
s.sch007 (1) The persons who are members of the MMC immediately...
s.sch007 (1) The persons who are members of the MMC immediately...
s.sch007 The person who is the secretary of the MMC immediately...
s.sch007 (1) The members who become deputy chairmen of the Commission...
s.sch007 The Competition Commission
s.sch007 (1) The Commission is to have a management board to...
s.sch007 (1) Subject to the provisions of this Schedule, each member...
s.sch007 (1) The Secretary of State shall pay to the Commission...
s.sch007 The Commission may publish advice and information in relation to...
s.sch007 Subject to the provisions of this Schedule, the Commission has...
s.sch007 (1) The Commission is to have a secretary, appointed by...
s.sch007a the competition commission: procedural rules for mergers and market references etc.
s.sch007a In this Schedule— “ market investigation ” means an investigation...
s.sch007a Rules may make provision— (a) for particular stages of a...
s.sch007a Rules made by virtue of paragraph 2(a) and (b) may,...
s.sch007a Rules made by virtue of paragraph 2(c) may, in particular,...
s.sch007a Rules may make provision as to the quorum of relevant...
s.sch007a Rules may make provision— (a) as to the extent (if...
s.sch007a Rules may make provision for— (a) the notification or publication...
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 (1) An appeal to the Tribunal under section 46, 47...
s.sch008 (A1) This paragraph applies to any appeal under section 46...
s.sch008 (1) This paragraph applies to— (a) any appeal under section...
s.sch008 (1) This paragraph applies to an appeal under section 49D(3)....
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008 Appeals
s.sch008a Further Provision about Claims in Respect of Loss or Damage , or for Declaratory Relief, Before a Court or the Tribunal
s.sch008a This Part of this Schedule contains definitions and other provisions...
s.sch008a Burden of proof where an underpayment is passed on to an indirect provider
s.sch008a Burden of proof where an overcharge or underpayment is passed on by the claimant
s.sch008a Liability of small and medium-sized enterprises
s.sch008a Presumption that cartels cause harm
s.sch008a Immunity recipients
s.sch008a Liability of immunity recipients
s.sch008a Contribution between participants in cartels
s.sch008a Time limits for bringing competition proceedings
s.sch008a Length of limitation or prescriptive period
s.sch008a Beginning of limitation or prescriptive period
s.sch008a Competition law etc
s.sch008a Effect of disability on beginning of limitation period: England and Wales and Northern Ireland
s.sch008a Suspension during investigation by competition authority
s.sch008a Suspension during consensual dispute resolution process
s.sch008a Suspension during collective proceedings
s.sch008a Suspension of prescriptive period during period of disability: Scotland
s.sch008a Continuity of limitation or prescriptive period
s.sch008a New claims in pending actions: England and Wales and Northern Ireland
s.sch008a Disclosure orders
s.sch008a Restriction in relation to settlement submissions and cartel leniency statements
s.sch008a Restriction in relation to investigation materials
s.sch008a Competition authority etc
s.sch008a Restriction in relation to material in a competition authority’s file
s.sch008a Power of High Court in Northern Ireland to order disclosure etc by non-parties
s.sch008a Cartel leniency statements and settlement submissions
s.sch008a Investigation materials
s.sch008a Material obtained from a competition authority’s file
s.sch008a Decisions of member State competition authorities
s.sch008a Exemplary damages
s.sch008a Consensual settlement
s.sch008a Assessment of contribution
s.sch008a Effect of consensual settlement on the amount of a claim
s.sch008a Cartels
s.sch008a Effect of consensual settlement for the settling infringer
s.sch008a Effect of consensual settlement on contribution between defendants
s.sch008a (1) Parts 2 to 5 ... and 9 of this...
s.sch008a The following provisions of this Schedule apply only in relation...
s.sch008a In this Part of this Schedule “the relevant day” means...
s.sch008a Settlement submission to a competition authority
s.sch008a Consensual dispute resolution process
s.sch008a Other definitions
s.sch008a Overcharges and underpayments
s.sch008a Burden of proof where an overcharge is passed on to an indirect purchaser
s.sch009 In this Schedule “rules” means rules made by the CMA...
s.sch009 Rules may make provision as to the factors which the...
s.sch009 (1) Rules may make provision as to the circumstances in...
s.sch009 Rules may make provision as to— (a) the period within...
s.sch009 (1) Rules may make provision as to the procedure to...
s.sch009 (1) Rules may make provision as to arrangements to be...
s.sch009 Rules may make provision as to the procedure to be...
s.sch009 Rules may make provision as to the procedure to be...
s.sch009 (1) Rules may provide for the exercise of a function...
s.sch009 Rules may make provision— (a) as to the form and...
s.sch009 Rules may make provision as to the procedure to be...
s.sch009 Rules may make provision as to— (a) the form and...
s.sch009 (1) Rules may make provision as to—
s.sch009 Rules may make provision as to— (a) the procedure to...
s.sch009 Rules may make provision as to— (a) the form and...
s.sch009 Rules may make provision as to— (a) the procedure to...
s.sch009 Rules may make provision as to— (a) the circumstances in...
s.sch010 The amendments of the Fair Trading Act 1973 made by...
s.sch010 (1) The Gas Act 1986 is amended as follows.
s.sch010 In section 174(3) of the Water Act 1989 (general restrictions...
s.sch010 (1) The Electricity Act 1989 is amended as follows.
s.sch010 (1) The Water Industry Act 1991 is amended as follows....
s.sch010 In Schedule 24 to the Water Resources Act 1991 (disclosure...
s.sch010 (1) The Railways Act 1993 is amended as follows.
s.sch010 (1) The Channel Tunnel Rail Link Act 1996 is amended...
s.sch010 (1) The Electricity (Northern Ireland) Order 1992 is amended as...
s.sch010 (1) The Gas (Northern Ireland) Order 1996 is amended as...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) In consequence of the repeal by this Act of...
s.sch010 (1) The Telecommunications Act 1984 is amended as follows.
s.sch011 Interpretation of Section 55
s.sch011 Interpretation of Section 55
s.sch012 (1) The Fair Trading Act 1973 is amended as follows....
s.sch012 In section 38(3) of the Consumer Protection Act 1987 (restrictions...
s.sch012 In section 33 of the Channel Tunnel Act 1987—
s.sch012 In Schedule 3 to the Road Traffic (Consequential Provisions) Act...
s.sch012 In Schedule 20 to the Companies Act 1989 (amendments about...
s.sch012 In Schedule 1 to the Tribunals and Inquiries Act 1992...
s.sch012 Section 33 of the Osteopaths Act 1993 (competition and anti-competitive...
s.sch012 Section 33 of the Chiropractors Act 1994 (competition and anti-competitive...
s.sch012 In section 59(4) of the Coal Industry Act 1994 (information...
s.sch012 (1) The Deregulation and Contracting Out Act 1994 is amended...
s.sch012 In the Energy Act 1976, omit section 5 (temporary relief...
s.sch012 (1) The Airports (Northern Ireland) Order 1994 is amended as...
s.sch012 In section 77 of the Broadcasting Act 1996 (which modifies...
s.sch012 In section 10(3) of the Estate Agents Act 1979 (restriction...
s.sch012 (1) The Competition Act 1980 is amended as follows.
s.sch012 In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order...
s.sch012 In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order...
s.sch012 (1) The Airports Act 1986 is amended as follows.
s.sch012 In Schedule 11 to the Financial Services Act 1986, in...
s.sch012 In Part II of Schedule 1 to the Companies Consolidation...
s.sch013 (1) In this Schedule— “RPA” means the Resale Prices Act...
s.sch013 (1) This paragraph applies even though the relevant provisions of...
s.sch013 (1) Even though section 3 of the RTPA is repealed...
s.sch013 (1) Even though section 26 of the RTPA is repealed...
s.sch013 (1) Even though section 35 of the RTPA is repealed...
s.sch013 (1) The Chapter I prohibition does not apply to an...
s.sch013 (1) For the purposes of this Schedule “continuing proceedings” means...
s.sch013 Proceedings on an application for an order under section 4...
s.sch013 Proceedings on an application for an order under section 16...
s.sch013 (1) On an application made jointly to the Court by...
s.sch013 (1) Except where this Chapter or Chapter IV provides otherwise,...
s.sch013 (1) Nothing in this Schedule affects the power of the...
s.sch013 (1) There is no transitional period for an agreement to...
s.sch013 In the case of an agreement which is the subject...
s.sch013 (1) In the case of an agreement relating to goods...
s.sch013 (1) To the extent to which an agreement contains provisions...
s.sch013 (1) In the case of an agreement relating to goods...
s.sch013 (1) This paragraph applies to agreements— (a) which are subject...
s.sch013 (1) In the case of an agreement in respect of...
s.sch013 In this Chapter “the relevant period” means the period beginning...
s.sch013 (1) For an agreement to which, immediately before the starting...
s.sch013 (1) There is a transitional period for an agreement (whether...
s.sch013 (1) The Director may publish advice and information explaining provisions...
s.sch013 (1) For an agreement to which, immediately before the starting...
s.sch013 (1) There is a transitional period for an agreement of...
s.sch013 (1) For an agreement to which, immediately before the starting...
s.sch013 (1) There is a transitional period for an agreement of...
s.sch013 (1) In this paragraph— “section 131” means section 131 of...
s.sch013 (1) Subject to sub-paragraph (3), each of the regulators may...
s.sch013 (1) A party to an agreement for which there is...
s.sch013 (1) Subject to sub-paragraph (2), the Director may by a...
s.sch013 (1) If the Director is considering whether to give a...
s.sch013 (1) The Director must specify in a direction under paragraph...
s.sch013 (1) The Secretary of State may, at any time during...
s.sch013 (1) If, on the date on which the repeal by...
s.sch013 (1) In this paragraph— “the 1973 Act” means the Fair...
s.sch013 (1) The repeals made by section 1 do not affect...
s.sch013 (1) Subject to sub-paragraph (2), an undertaking accepted by the...
s.sch013 The repeals made by section 1 do not affect—
s.sch013 (1) Section 55 of this Act applies in relation to...
s.sch013 If it appears to the Lord Chancellor that a person...
s.sch013 An agreement which— (a) is made during the interim period,...
s.sch013 In relation to agreements made during the interim period—
s.sch013 (1) Sub-paragraphs (2) to (4) apply in relation to agreements...
s.sch013 (1) Proceedings in respect of an application which is made...
s.sch013 (1) An order in force immediately before the starting date...

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