- Enforced by
- CMA, Ofgem, Trading Standards, Insolvency Service, Takeover Panel, GCA, Ofwat, WICS, UREGNI, PSR
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 7 of 72 obligations carry an unlimited fine. 6 carry different penalties and 59 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 54 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 2684 other Acts
Director or Officer — also bound by 482 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.
General functions of the CMA
1 of 12 sections shownOther duties (1) — Crown / regulator
- CMA must gather and review information to perform its functionsStatutory regulator
11 other sections in this Part — procedural and definitional
The Competition Appeal Tribunal
0 of 10 sections shown10 other sections in this Part — procedural and definitional
Mergers
68 of 162 sections shownOther duties (1) — Crown / regulator
- CMA must investigate mergers that may significantly reduce competitionStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate if a merger harms competitionStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate and remedy competition concerns in anticipated mergersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate and publish reports on merger referencesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must remedy anti-competitive effects of mergersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must take merger remedy action within 12 weeks of publishing reportStatutory regulator
Other duties (1) — Crown / regulator
- CMA must decide if mergers harm competition or the public interestStatutory regulator
Other duties (1) — Crown / regulator
- CMA must cancel merger investigations if the deal is abandonedStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate and report on merger or market referencesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must cancel or limit public interest investigations if criteria are not metStatutory regulator
Other duties (1) — Crown / regulator
- CMA and OFCOM must inform Secretary of State of public interest mergersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate and report on referred special merger situationsStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate and report on public interest merger referencesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate energy network mergers that may harm competitionStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate certain planned energy network mergersStatutory regulator
Other duties (1) — Crown / regulator
- Ofgem must publish its methods for assessing energy network mergersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate water company mergers above turnover thresholdsStatutory regulator
Other duties (1) — Crown / regulator
- CMA must keep to statutory deadlines when deciding on merger undertakingsStatutory regulator
Other duties (1) — Crown / regulator
- Enforcement orders must state required actions, dates, penalties and review routeStatutory regulator
Other duties (1) — Crown / regulator
- CMA must maintain a public register of enforcement undertakings and ordersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must monitor and review enforcement undertakings and ordersStatutory regulator
- Comply with enforcement undertakings and ordersAny Person
- Fail to comply with enforcement undertaking or orderAny Person
Other duties (1) — Crown / regulator
- CMA must publish policy on enforcement and penaltiesStatutory regulator
- Liability for losses caused by breaching merger or market restrictionsAny Person
- Comply with transferred EU merger commitmentsAny Person
Other duties (1) — Crown / regulator
- CMA must notify affected parties of merger notices and can reject false infoStatutory regulator
Other duties (1) — Crown / regulator
- Secretary of State must decide on merger references as soon as possibleCrown / Minister / Government department
Other duties (1) — Crown / regulator
- CMA must consult the public regarding media mergersStatutory regulator
amended 11 times
Other duties (1) — Crown / regulator
- CMA must publish guidance on merger references and customer benefitsStatutory regulator
amended 15 times
amended 15 times
Other duties (1) — Crown / regulator
- CMA may require evidence, documents, or information for investigationsStatutory regulator
Unlimited fine · amended 110 times (opens in a new tab)
amended 110 times
amended 110 times
amended 67 times
amended 67 times
- Failure to pay regulatory penaltiesAny Person
Unlimited fine · amended 62 times (opens in a new tab)
Other duties (1) — Crown / regulator
- CMA must publish and consult on its penalty and enforcement policyStatutory regulator
- Intentionally destroy or alter documents required by a competition investigationAny Person
2 years imprisonment · amended 64 times
- Provide false or misleading information to regulatorsAny Person
Unlimited fine · amended 59 times (opens in a new tab)
amended 5 times
Other duties (1) — Crown / regulator
- CMA must monitor media markets for public interest merger concernsStatutory regulator
amended 5 times
- Personal liability for directors and officers for corporate offencesDirector or Officer
Unlimited fine · amended 9 times (opens in a new tab)
94 other sections in this Part — procedural and definitional
Market Studies and Market Investigations
86 of 86 sections shownamended 28 times
amended 8 times
amended 8 times
amended 8 times
amended 10 times
Other duties (1) — Crown / regulator
- CMA must investigate competition and propose remedies for market issuesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must take action to fix competition problems identified in reportsStatutory regulator
amended 3 times
amended 3 times
amended 17 times
amended 17 times
Other duties (1) — Crown / regulator
- CMA must investigate competition and remedies in public interest casesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must investigate competition and public interest on Secretary of State referralStatutory regulator
amended 7 times
amended 7 times
Other duties (1) — Crown / regulator
- CMA must investigate and report on public interest merger referencesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must publish market investigation reports in specific casesStatutory regulator
Other duties (1) — Crown / regulator
- CMA must publish reports on public interest merger investigationsStatutory regulator
amended 8 times
Other duties (1) — Crown / regulator
- CMA must pause or stop market investigations involving new public interestsStatutory regulator
Other duties (1) — Crown / regulator
- Secretary of State must decide on public interest in market investigationsCrown / Minister / Government department
amended 2 times
amended 4 times
amended 7 times
Other duties (1) — Crown / regulator
- CMA must notify Secretary of State of public interest considerationsStatutory regulator
amended 2 times
Other duties (1) — Crown / regulator
- CMA must published reasons if accepting undertakings instead of a full reportStatutory regulator
Other duties (1) — Crown / regulator
- CMA or Secretary of State must explain consequences before accepting undertakingsStatutory regulator
amended 12 times
amended 12 times
amended 12 times
Other duties (1) — Crown / regulator
- Regulators must publish notices before starting implementation trialsStatutory regulator
amended 12 times
Other duties (1) — Crown / regulator
- Relevant authorities must explain consequences before accepting undertakingsStatutory regulator
amended 12 times
Other duties (1) — Crown / regulator
- CMA must monitor and review enforcement undertakings and ordersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must monitor and review the effectiveness of enforcement measuresStatutory regulator
amended 20 times
amended 20 times
Other duties (1) — Crown / regulator
- Regulator must state key terms in enforcement ordersStatutory regulator
Other duties (1) — Crown / regulator
- CMA must maintain a public register of enforcement undertakings and ordersStatutory regulator
- Comply with CMA enforcement undertakings and ordersAny Person
- Breach of merger or market competition undertakings or ordersAny Person
Unlimited fine · amended 13 times
amended 13 times
Other duties (1) — Crown / regulator
- CMA must publish policy on enforcement and penaltiesStatutory regulator
amended 13 times
Other duties (1) — Crown / regulator
- CMA must share information and assistance with the Secretary of StateStatutory regulator
Other duties (1) — Crown / regulator
- CMA must publish advice on market investigation referencesStatutory regulator
- Provide evidence and information for CMA market investigationsAny Person
2 years imprisonment · amended 10 times (opens in a new tab)
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
The Competition Commission
3 of 3 sections shownCartel offence
18 of 18 sections shown- Engage in cartel arrangements (price-fixing, market-sharing, bid-rigging)Any Person
- Participate in a business cartelAny Person
5 years imprisonment · amended 4 times (opens in a new tab)
amended 4 times
amended 4 times
Other duties (1) — Crown / regulator
- CMA must publish guidance on cartel offence prosecutionsStatutory regulator
amended 3 times
- Fail to comply with a CMA or regulator information requestAny Person
5 years imprisonment · amended 2 times (opens in a new tab)
Miscellaneous Competition Provisions
7 of 7 sections shownEnforcement of certain consumer legislation
44 of 44 sections shownamended 4 times
amended 4 times
amended 4 times
amended 4 times
amended 4 times
amended 11 times
amended 11 times
amended 11 times
amended 3 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 3 times
amended 3 times
Information
19 of 19 sections shownamended 2 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
Other duties (1) — Crown / regulator
- Public authorities must protect sensitive business information from disclosureStatutory regulator
- Unauthorised disclosure or use of restricted informationAny Person
- Unlawful disclosure or misuse of protected informationAny Person
Unlimited fine · amended 2 times (opens in a new tab)
amended 1 time
Insolvency
25 of 25 sections shownSupplementary
6 of 9 sections shown3 other sections in this Part — procedural and definitional
Schedules
2 of 439 shownOther duties (1) — Crown / regulator
- Tribunal must protect sensitive business information in its decisionsTribunal / Court
- Act as receiver or manager while bankrupt or subject to bankruptcy restrictions orderAny Person
- Acting as a company director or manager while bankruptAny Person
Unlimited fine
437 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Buy an existing business
Navigate the business acquisition process from finding opportunities to completing the purchase and your first 90 days as owner
Growing your business
Plan your growth, find support and funding, and expand to new sites, partners and markets
Transfer ownership of your business
Plan and execute business succession - family transfers, management buyouts, partner buyouts, or employee ownership
Sell your business
Navigate the business sale process from preparation to completion and beyond - valuation, finding buyers, due diligence, TUPE, deal negotiation, and post-sale …
Respond to a Trading Standards investigation
What to do if Trading Standards has contacted you, visited your premises, or conducted a test purchase. Covers understanding their powers, identifying …
Start selling online - retail compliance
A learning path for retailers adding an online sales channel. Covers the additional compliance obligations for distance selling, including cooling-off periods, website …
Avoid breaking competition law
Agreeing prices, bids or customers with competitors, swapping sensitive information or abusing a dominant position breaks the Competition Act 1998, however informal …
4 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.