Enterprise Act 2002

s.102 Power to modify sections 97 to 101

s.103 Duty of expedition in relation to references under section 45 or 62 Regulated

Other duties (1) — Crown / regulator

Secretary of State must decide on merger references as soon as possibleCrown / Minister / Government department

s.104 Certain duties of relevant authorities to consult

amended 38 times (opens in a new tab)

s.104 Public consultation in relation to media mergers Regulated

Other duties (1) — Crown / regulator

CMA must consult the public regarding media mergersStatutory regulator

amended 11 times

s.105 General information duties of CMA

s.106 Advice and information about references under section 22, 33, 68B or 68C Regulated

Other duties (1) — Crown / regulator

CMA must publish guidance on merger references and customer benefitsStatutory regulator

amended 15 times (opens in a new tab)

s.106 Advice and information in relation to media mergers

amended 15 times

s.106 General advisory functions of OFCOM

amended 15 times

s.107 Further publicity requirements

amended 42 times (opens in a new tab)

s.108 Defamation

amended 67 times (opens in a new tab)

s.109 Attendance of witnesses and production of documents etc. Prosecution

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)

s.109 Transferred EU merger commitments: witnesses, documents etc

amended 110 times

s.109 Extra-territorial application of notices under section 109

amended 110 times

s.110 Enforcement of powers under section 109: imposition of penalties

s.110 Restriction on powers to impose penalties under section 110

amended 67 times

s.110 Section 110A: supplementary provision

amended 67 times

s.111 Penalties : amount

amended 99 times (opens in a new tab)

s.112 Penalties: main procedural requirements

amended 69 times (opens in a new tab)

s.113 Payments and interest by instalments

amended 63 times (opens in a new tab)

s.114 Appeals in relation to penalties

amended 69 times (opens in a new tab)

s.115 Recovery of penalties Prosecution

Failure to pay regulatory penaltiesAny Person

Unlimited fine · amended 62 times (opens in a new tab)

s.116 Statement of policy Regulated

Other duties (1) — Crown / regulator

CMA must publish and consult on its penalty and enforcement policyStatutory regulator

amended 64 times (opens in a new tab)

s.116 Intentional destruction etc of documents Imprisonment

Intentionally destroy or alter documents required by a competition investigationAny Person

2 years imprisonment · amended 64 times

s.117 False or misleading information Prosecution

Provide false or misleading information to regulatorsAny Person

Unlimited fine · amended 59 times (opens in a new tab)

s.118 Excisions from reports

s.119 Minority reports of CMA

amended 24 times (opens in a new tab)

s.119 Other general functions of OFCOM in relation to this Part

amended 5 times

s.119 Monitoring role for CMA in relation to media mergers Regulated

Other duties (1) — Crown / regulator

CMA must monitor media markets for public interest merger concernsStatutory regulator

amended 5 times

s.120 Review of decisions under Part 3

s.121 Fees

amended 20 times (opens in a new tab)

s.122 Primacy of EU law

s.123 Power to alter conditions for a relevant merger situation

amended 36 times (opens in a new tab)

s.124 Orders and regulations under Part 3

s.125 Offences by bodies corporate Prosecution

Personal liability for directors and officers for corporate offencesDirector or Officer

Unlimited fine · amended 9 times (opens in a new tab)

s.126 Service of documents by the CMA, OFCOM or the Secretary of State

amended 16 times (opens in a new tab)

s.127 Associated persons

s.128 Supply of services and market for services etc.

s.129 Other interpretation provisions

amended 28 times (opens in a new tab)

s.130 Index of defined expressions

94 other sections in this Part — procedural and definitional

s.001 In carrying out its function of making a reference under...

s.022 Duty to make references in relation to completed mergers

s.023 Relevant merger situations

s.023 Relevant enterprises

s.024 Time-limits and prior notice

s.025 Extension of time-limits

s.026 Enterprises ceasing to be distinct enterprises

s.027 Time when enterprises cease to be distinct

s.028 Turnover test

s.029 Obtaining control by stages

s.030 Relevant customer benefits

s.031 Information powers in relation to completed mergers

s.032 Supplementary provision for purposes of section 25

s.034 Supplementary provision in relation to anticipated mergers

s.034 Duty of CMA where case referred by the European Commission

s.034 Power to request information in referred cases

s.034 Functions to be exercised by CMA groups

s.034 Time-limits for decisions about references

s.034 Extension of time-limits

s.034 Sections 34ZA and 34ZB: supplementary

s.034 Fast-track reference requests

s.034 Fast-track reference requests: procedure

s.034 Acceptance by the CMA of fast-track reference requests

s.037 Cancellation and variation of references under section 22 or 33

s.039 Time-limits for investigations and reports

s.040 Section 39: supplementary

s.041 Section 41A: supplementary

s.042 Intervention by Secretary of State in certain public interest cases

s.043 Intervention notices under section 42

s.044 Investigation and report by CMA

s.044 Additional investigation and report by OFCOM : media mergers

s.045 Power of Secretary of State to refer matter to CMA

s.046 References under section 45: supplementary

s.046 Cases referred by the European Commission where intervention notice is in force

s.046 Extension of preliminary assessment period

s.046 Power to request information in referred cases

s.046 Functions to be exercised by CMA groups

s.049 Variation of references under section 45

s.051 Time-limits for investigations and reports by CMA

s.052 Section 51: supplementary

s.054 Decision of Secretary of State in public interest cases

s.055 Enforcement action by Secretary of State

s.056 Competition cases where intervention on public interest grounds ceases

s.058 Specified considerations

s.058 Construction of consideration specified in section 58(2C)

s.059 Intervention by Secretary of State in special public interest cases

s.059 Construction of conditions in section 59(3C) and (3D)

s.060 Special intervention notices under section 59

s.061 Initial investigation and report by CMA

s.061 Additional investigation and report by OFCOM : certain media mergers

s.062 Power of Secretary of State to refer the matter

s.062 Functions to be exercised by CMA groups

s.064 Cancellation and variation of references under section 62

s.066 Decision and enforcement action by Secretary of State

s.067 Intervention to protect legitimate interests

s.068 Scheme for protecting legitimate interests

s.068 Relevant merger situations involving energy network mergers

s.068 Combined references

s.068 Modification of this Part

s.069 Newspaper mergers

s.070 Intervention by the Secretary of State

s.070 Investigation and report by the CMA

s.070 Intervention to prevent foreign control of a newspaper enterprise

s.070 Other powers under this Part

s.070 Meaning of “foreign power”

s.070 Other interpretation

s.070 Regulations

s.071 Initial undertakings: completed mergers

s.072 Initial enforcement orders: completed or anticipated mergers

s.073 Undertakings in lieu of references under section 22(1), 33(1) , 68B or 68C

s.073 Section 73A: supplementary

s.074 Effect of undertakings under section 73

s.075 Order-making power where undertakings under section 73 not fulfilled etc.

s.076 Supplementary interim order-making power

s.077 Restrictions on certain dealings: completed mergers

s.078 Restrictions on certain share dealings: anticipated mergers

s.079 Sections 77 and 78: further interpretation provisions

s.080 Interim undertakings

s.081 Interim orders

s.082 Final undertakings

s.083 Order-making power where final undertakings not fulfilled

s.084 Final orders

s.085 Enforcement regime for public interest and special public interest cases

s.086 Enforcement orders: general provisions

s.087 Delegated power of directions

s.089 Acceptance and subject-matter of undertakings

s.090 Procedural requirements for certain undertakings and orders

s.093 Further role of CMA in relation to undertakings and orders

s.094 Interim undertakings and orders under this Part: penalties

s.094 Penalties under section 94AA : amount

s.095 Power of directions in connection with transferred EU merger commitments

s.096 Merger notices

s.097 Period for considering merger notices

s.098 Section 97: supplementary

Part 4

Market Studies and Market Investigations

86 of 86 sections shown

s.130 Duty to publish market study notice

amended 28 times

s.131 Power of CMA to make references

s.131 Decisions about references under section 131: consultation

amended 8 times

s.131 Market studies and the making of decisions to refer: time-limits etc

amended 8 times

s.131 Time-limits under section 131B: supplementary

amended 8 times

s.132 Ministerial power to make references

s.133 Contents of references

amended 18 times (opens in a new tab)

s.133 Functions to be exercised by CMA groups

amended 10 times

s.134 Questions to be decided on market investigation references Regulated

Other duties (1) — Crown / regulator

CMA must investigate competition and propose remedies for market issuesStatutory regulator

s.135 Variation of market investigation references

amended 33 times (opens in a new tab)

s.136 Investigations and reports on market investigation references

s.137 Time-limits for market investigations and reports

s.138 Duty to remedy adverse effects Regulated

Other duties (1) — Crown / regulator

CMA must take action to fix competition problems identified in reportsStatutory regulator

s.138 Time-limits for discharging duty under section 138

amended 3 times

s.138 Section 138A: supplementary

amended 3 times

s.139 Public interest intervention by Secretary of State

amended 17 times (opens in a new tab)

s.140 Intervention notices under section 139(1)

s.140 Section 139(1) intervention notices: Secretary of State's duty to refer

amended 17 times

s.140 Variation of restricted PI references and full PI references

amended 17 times

s.141 Restricted PI references: questions to be decided by CMA Regulated

Other duties (1) — Crown / regulator

CMA must investigate competition and remedies in public interest casesStatutory regulator

s.141 Full PI references: questions to be decided by CMA Regulated

Other duties (1) — Crown / regulator

CMA must investigate competition and public interest on Secretary of State referralStatutory regulator

amended 7 times

s.141 Full PI references: power of Secretary of State to appoint expert

amended 7 times

s.142 Investigations and reports by CMA Regulated

Other duties (1) — Crown / regulator

CMA must investigate and report on public interest merger referencesStatutory regulator

s.143 Restricted PI references: publication Regulated

Other duties (1) — Crown / regulator

CMA must publish market investigation reports in specific casesStatutory regulator

amended 15 times (opens in a new tab)

s.143 Full PI references: publication etc of reports of CMA Regulated

Other duties (1) — Crown / regulator

CMA must publish reports on public interest merger investigationsStatutory regulator

amended 8 times

s.144 Time-limits for investigations and reports: Part 4

s.145 Restrictions where public interest considerations not finalised: Part 4 Regulated

Other duties (1) — Crown / regulator

CMA must pause or stop market investigations involving new public interestsStatutory regulator

s.146 Restricted PI references: decision of Secretary of State Regulated

Other duties (1) — Crown / regulator

Secretary of State must decide on public interest in market investigationsCrown / Minister / Government department

s.146 Full PI references: decision of Secretary of State

amended 2 times

s.147 Restricted PI references: remedial action by Secretary of State

s.147 Full PI references: remedial action by Secretary of State

amended 4 times

s.148 Restricted PI references: reversion of the matter to CMA

s.148 Full PI references: reversion of the matter to CMA

amended 7 times

s.149 Intervention notices under section 139(2)

s.150 Power of veto of Secretary of State

s.151 Public interest intervention cases: interaction with general procedure

s.152 Certain duties of CMA Regulated

Other duties (1) — Crown / regulator

CMA must notify Secretary of State of public interest considerationsStatutory regulator

s.153 Specified considerations: Part 4

s.154 Undertakings in lieu of market investigation references

s.154 Undertakings fully or partially in lieu of references or reports

amended 2 times

s.155 Undertakings in lieu: procedural requirements

amended 16 times (opens in a new tab)

s.156 Effect of undertakings in lieu Regulated

Other duties (1) — Crown / regulator

CMA must published reasons if accepting undertakings instead of a full reportStatutory regulator

s.157 Interim undertakings: Part 4

s.158 Interim orders: Part 4

s.159 Final undertakings: Part 4

s.160 Order-making power where final undertakings not fulfilled: Part 4

s.161 Final orders: Part 4

amended 20 times (opens in a new tab)

s.161 Acceptance of enforcement undertakings: Part 4 Regulated

Other duties (1) — Crown / regulator

CMA or Secretary of State must explain consequences before accepting undertakingsStatutory regulator

amended 12 times

s.161 Implementation trials: purpose and interpretation

amended 12 times

s.161 Power to conduct implementation trials

amended 12 times

s.161 Implementation trials: notices Regulated

Other duties (1) — Crown / regulator

Regulators must publish notices before starting implementation trialsStatutory regulator

amended 12 times

s.161 Implementation trials: supplementary Regulated

Other duties (1) — Crown / regulator

Relevant authorities must explain consequences before accepting undertakingsStatutory regulator

amended 12 times

s.162 Duty of CMA to monitor the carrying out of undertakings and orders: Part 4 Regulated

Other duties (1) — Crown / regulator

CMA must monitor and review enforcement undertakings and ordersStatutory regulator

s.162 Duty of CMA to monitor effectiveness of undertakings and orders: Part 4 Regulated

Other duties (1) — Crown / regulator

CMA must monitor and review the effectiveness of enforcement measuresStatutory regulator

amended 20 times

s.162 Power to vary etc undertakings and orders: implementation trials

amended 20 times

s.163 Role of CMA in relation to undertakings and orders in public interest cases: Part 4

s.164 Enforcement undertakings and orders under this Part: general provisions Regulated

Other duties (1) — Crown / regulator

Regulator must state key terms in enforcement ordersStatutory regulator

s.165 Procedural requirements for certain undertakings and orders: Part 4

s.166 Register of undertakings and orders: Part 4 Regulated

Other duties (1) — Crown / regulator

CMA must maintain a public register of enforcement undertakings and ordersStatutory regulator

amended 13 times (opens in a new tab)

s.167 Rights to enforce undertakings and orders under this Part Regulated

Comply with CMA enforcement undertakings and ordersAny Person

s.167 Enforcement of undertakings and orders etc : imposition of penalties Prosecution

Breach of merger or market competition undertakings or ordersAny Person

Unlimited fine · amended 13 times

s.167 Penalties under section 167A: amount

amended 13 times

s.167 Statement of policy in relation to functions under sections 167 and 167A Regulated

Other duties (1) — Crown / regulator

CMA must publish policy on enforcement and penaltiesStatutory regulator

amended 13 times

s.168 Regulated markets

amended 68 times (opens in a new tab)

s.169 Certain duties of relevant authorities to consult: Part 4

s.170 General information duties Regulated

Other duties (1) — Crown / regulator

CMA must share information and assistance with the Secretary of StateStatutory regulator

amended 18 times (opens in a new tab)

s.171 Advice and information: Part 4 Regulated

Other duties (1) — Crown / regulator

CMA must publish advice on market investigation referencesStatutory regulator

s.172 Further publicity requirements: Part 4

amended 22 times (opens in a new tab)

s.173 Defamation: Part 4

s.174 Attendance of witnesses and production of documents etc. Imprisonment

Provide evidence and information for CMA market investigationsAny Person

2 years imprisonment · amended 10 times (opens in a new tab)

s.174 Enforcement of powers under section 174: imposition of penalties

amended 10 times

s.174 Restriction on powers to impose penalties under section 174A

amended 10 times

s.174 Section 174B: supplementary provision

amended 10 times

s.174 Penalties : amount

amended 10 times

s.174 Statement of policy on penalties

amended 10 times

s.174 Extra-territorial application of notices under section 174

amended 10 times

s.175 Enforcement of powers under section 174: offences

s.176 Investigation powers of the Commission

s.177 Excisions from reports etc : Part 4

s.178 Minority reports of CMA : Part 4

s.179 Review of decisions under Part 4

s.180 Offences

amended 19 times (opens in a new tab)

s.181 Orders and regulations under Part 4

s.182 Service of documents: Part 4

amended 23 times (opens in a new tab)

s.183 Interpretation: Part 4

s.184 Index of defined expressions: Part 4

amended 13 times (opens in a new tab)

Part 5

The Competition Commission

3 of 3 sections shown

s.185 The Commission

s.186 Annual report of Commission

s.187 Commission rules of procedure

Part 6

Cartel offence

18 of 18 sections shown

s.188 Cartel offence Imprisonment

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)

s.188 Circumstances in which cartel offence not committed

amended 4 times

s.188 Defences to commission of cartel offence

amended 4 times

s.189 Cartel offence: supplementary

s.190 Cartel offence: penalty and prosecution

s.190 Cartel offence: prosecution guidance Regulated

Other duties (1) — Crown / regulator

CMA must publish guidance on cartel offence prosecutionsStatutory regulator

amended 3 times

s.191 Extradition

s.192 Investigation of offences under section 188

s.193 Powers when conducting an investigation

s.194 Power to enter premises under a warrant

s.195 Exercise of powers by authorised person

s.196 Privileged information etc.

s.197 Restriction on use of statements in court

s.198 Use of statements obtained under Competition Act 1998

s.199 Surveillance powers

s.200 Authorisation of action in respect of property

s.201 Offences Imprisonment

Fail to comply with a CMA or regulator information requestAny Person

5 years imprisonment · amended 2 times (opens in a new tab)

s.202 Interpretation of sections 192 to 201

Part 7

Miscellaneous Competition Provisions

7 of 7 sections shown

s.203 Powers of entry

s.204 Disqualification

s.205 Super-complaints to regulators other than CMA

s.206 Power to modify Schedule 8

s.207 Repeal of Schedule 4 to the 1998 Act

s.208 Repeal of Part 6 of Fair Trading Act 1973

s.209 Reform of EU competition law

Part 8

Enforcement of certain consumer legislation

44 of 44 sections shown

s.210 Consumers

s.211 Domestic infringements

s.212 Schedule 13 infringements

amended 16 times (opens in a new tab)

s.213 Enforcers

s.214 Consultation

s.215 Applications

s.216 Applications: directions by CMA

s.217 Enforcement orders

s.218 Interim enforcement order

s.218 Unfair commercial practices: substantiation of claims

amended 4 times

s.218 Applications

amended 4 times

s.218 Online interface orders

amended 4 times

s.218 Interim online interface orders

amended 4 times

s.218 Online interface orders: supplementary

amended 4 times

s.219 Undertakings

amended 19 times (opens in a new tab)

s.219 Definition of enhanced consumer measures

amended 11 times

s.219 Inclusion of enhanced consumer measures etc.

amended 11 times

s.219 Availability of enhanced consumer measures to private enforcers

amended 11 times

s.220 Further proceedings

s.221 Community infringements: proceedings

s.222 Bodies corporate: accessories

s.223 Bodies corporate: orders

s.223 Investigatory powers

amended 3 times

s.224 CMA

s.225 Other enforcers

s.226 Notices: procedure

s.227 Notices: enforcement

s.227 Power to enter premises without warrant

amended 2 times

s.227 Powers exercisable on the premises

amended 2 times

s.227 Power to enter premises with warrant

amended 2 times

s.227 Ancillary provisions about powers of entry

amended 2 times

s.227 Obstructing, or failing to co-operate with, powers of entry

amended 2 times

s.227 Retention of documents and goods

amended 2 times

s.228 Evidence

s.229 Advice and information

s.230 Notice to OFT of intended prosecution

s.231 Notice of convictions and judgments to CMA

s.232 Goods and services

s.233 Person supplying goods

s.234 Supply of services

s.235 Injunctions Directive

s.235 CPC Regulation

amended 3 times

s.235 Dual enforcers

amended 3 times

s.236 Crown

Part 9

Information

19 of 19 sections shown

s.237 General restriction

s.238 Information

s.239 Consent

s.240 EU obligations

s.241 Statutory functions

s.241 Civil proceedings

amended 2 times

s.242 Criminal proceedings

s.243 Overseas disclosures

s.243 Overseas disclosures for both overseas and domestic purposes

amended 7 times

s.243 Overseas disclosures for overseas purposes only

amended 7 times

s.243 Overseas disclosures for designated cooperation arrangement purposes

amended 7 times

s.243 Use and further disclosure of information disclosed under sections 243A and 243B

amended 7 times

s.243 Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B

amended 7 times

s.243 Relevant considerations relating to overseas disclosures under sections 243A and 243B

amended 7 times

s.244 Specified information: considerations relevant to disclosure Regulated

Other duties (1) — Crown / regulator

Public authorities must protect sensitive business information from disclosureStatutory regulator

s.245 Offences Prosecution

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)

s.246 Subordinate legislation

s.246 Interpretation

amended 1 time

s.247 Repeals

Part 10

Insolvency

25 of 25 sections shown

s.248 Replacement of Part II of Insolvency Act 1986

s.249 Special administration regimes

s.250 Prohibition of appointment of administrative receiver

s.251 Abolition of Crown preference

s.252 Unsecured creditors

s.253 Liquidator’s powers

s.254 Application of insolvency law to foreign company

s.255 Application of law about company arrangement or administration to non-company

s.256 Duration of bankruptcy

s.257 Post-discharge restrictions

s.258 Investigation by official receiver

s.259 Income payments order

s.260 Income payments agreement

s.261 Bankrupt’s home

s.262 Powers of trustee in bankruptcy

s.263 Repeal of certain bankruptcy offences

s.264 Individual voluntary arrangement

s.265 Disqualification from office: justice of the peace

s.266 Disqualification from office: Parliament

s.267 Disqualification from office: local government

s.268 Disqualification from office: general

s.269 Minor and consequential amendments

s.270 Fees

s.271 Insolvency Services Account: interest

s.272 Insolvency Services Accounts

Part 11

Supplementary

6 of 9 sections shown

s.273 Interpretation

s.274 Provision of financial assistance for consumer purposes

s.275 Financial provision

s.276 Transitional or transitory provision and savings

s.277 Power to make consequential amendments etc.

s.278 Minor and consequential amendments and repeals