The OFT publishes a range of material on the Competition Act 1998.
OFT publications can be downloaded from this page. You can order printed versions from 0800 389 3158 or via email from the main publications page of this website.
In additional, a summary of decisions taken by the OFT and sector regulators under the Competition Act, in relation to any one or more of the Chapter I and Chapter II prohibitions and Articles 81 and 82 of the EC Treaty, can be found on the Public Register, with the full text available to be downloaded.
The guidelines are detailed guides as to how the OFT and the sector regulators enforce the Act and deal with particular matters.
They are available as Adobe Acrobat files, for which you will need a copy of the Acrobat Reader software. This can be downloaded for free from the Adobe website.
Click on the title to download the guideline.
Agreements and concerted practices (OFT401) (103 kb)
Sets out some of the circumstances in which the OFT considers that agreements will or may be regarded as anti-competitive. It should be of assistance not only to those undertakings that are parties to an agreement, but also to their customers and other businesses.
Abuse of a dominant position (OFT402) (146 kb)
Explains how the OFT operates its powers under the Act and under the Modernisation Regulation in assessing the conduct of dominant undertakings.
Market definition (OFT403) (186 kb)
Provides a conceptual framework within which evidence on market definition can be organised. It also discusses practical issues that may arise in market definition.
Powers of investigation (OFT404) (195 kb)
Describes the OFT's various powers to investigate suspected anti-competitive behaviour.
Concurrent application to regulated industries (OFT405) (139 kb)
Provides information about which regulated sectors are affected by the concurrency provisions and the scope of the concurrent powers.
Enforcement (OFT407) (174 kb)
Describes the OFT powers regarding directions, interim measures, accepting binding commitments, and imposing financial penalties.
Trade associations, professions and self-regulating bodies (OFT408) (80 kb)
Explains how the OFT will apply Article 81 and the Chapter I prohibition when assessing the activities of trade associations, professions and self-regulating bodies. It should be read in conjunction with the competition law guideline 'Agreements and concerted practices'.
Assessment of market power (OFT415) (591 kb)
Explains how the OFT will assess whether undertakings possess market power when investigating cases under Articles 81 and 82 and sections 2(1) and 18(1) of the Act (the Chapter I prohibition and Chapter II prohibition respectively).
The application of the Competition Act in the telecommunications sector (OFT417) (91 kb)
An OFTEL publication. This guideline sets out the approach that will be taken in applying and enforcing the Act in the telecommunications sector.
Vertical agreements (OFT419) (152 kb)
How the OFT applies Article 81 and the Chapter I prohibition to vertical agreements.
Land agreements (OFT420) (46 kb)
Explains how the Competition Act 1998 and Articles 81 and 82 of the EC Treaty operate in relation to agreements and conduct relating to land. In particular, it explains the application of the Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004 (the Exclusion Order).
Services of general economic interest exclusion (OFT421) (67 kb)
Explains how the OFT interprets and applies the exclusion for 'services of general economic interest' and 'revenue producing monopolies'.
The application of the Competition Act in the water and sewerage sectors (OFT422) (118 kb)
An OFWAT publication. This guideline sets out the approach that will be taken in applying and enforcing the new Act in the water and sewerage sectors in England and Wales.
Ofwat is currently consulting on a revised version of this guidance. The consultation document can be found on the OFWAT website.
OFT's guidance as to the appropriate amount of a penalty (OFT423) (140 kb)
Sets out the basis on which the OFT calculates financial penalties for infringements of Article 81, Article 82, the Chapter I and/or Chapter II prohibition, and the requirements for the grant of lenient treatment by the OFT.
Application in the energy sector (OFT428) (192 kb)
Published with Ofgem. This guideline provides general advice and information about the application and enforcement by Ofgem.
Application to services relating to railways (OFT430) (323 kb)
An Office of the Rail Regulator publication. This guideline sets out the approach that will be taken in applying and enforcing the Act in the railways sector. The ORR is currently consulting on draft revised guidance - see ORR website.
Application to the Northern Ireland energy sectors (OFT437) 422 kb)
An OFREG NI publication. This guideline provides advice and information about the factors which the Director General of Gas and Electricity Supply for Northern Ireland will take into account when considering whether, and if so, how to exercise his powers under the Competition Act.
Public transport ticketing schemes block exemption (OFT439) (399 kb)
Sets out what local transport operators need to do to ensure that their ticketing schemes satisfy the conditions necessary to benefit from a block exemption. The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 (SI 2001, No. 319) provides that certain types of public transport ticketing schemes receive the benefit of a block exemption.
Modernisation (OFT442) (193 kb)
Sets out how the Modernisation Regulation (1/2003) and related changes to the Competition Act are applied by the OFT.
Involving third parties in Competition Act investigations (OFT451) (260 kb)
Sets out the OFT's approach to involving complainants and other third parties in its investigations in a structured and transparent way. It also contains guidance on how to make complaints to the OFT about anti-competitive behaviour.
Leniency and no-action (OFT803) (312 kb)
Guidance on the handling of applications for leniency and no-action letters.
These leaflets are quick guides to particular aspects of competition law. Click on the title to download the leaflet.
Competing fairly (OFT447) (164 kb)
An introduction to the laws on anti-competitive behaviour.
How the Enterprise Act 2002 affects the Competition Act 1998 (OFT441) (71kb)
A summary of the main ways in which the provisions of the Enterprise Act 2002 impact on the Competition Act 1998 regime.
Under investigation? (OFT426) (90 kb)
A guide to investigations under the Competition Act, including advice on what to do if your company is investigated.
Cartels and the Competition Act 1998 (OFT435) (107 kb)
A guide to help purchasers identify cartel activity and encourage them to bring their suspicions to the attention of the OFT.
Leniency in cartel cases (OFT436) (106 kb)
A guide to the leniency programme for cartel cases under the Competition Act 1998.
Frequently asked questions on competition law and the bus industry (OFT448) (100 kb)
Common questions and answers on competition law and the bus industry (updated July 2006).
A brief guide to the role of the OFT in the bus industry (OFT397) (61 kb)
How the OFT applies competition law to the bus industry.
Liaison on competition matters (123 kb)
A summary of how the OFT and Ofcom will work together when Ofcom gains its full competition powers under the Communications Act 2003.
Assessment of conduct (OFT414a) (337 kb)
Consultation draft version of April 2004. In view of the European Commission's review of the application of Article 82, the OFT will not at this time publish a final version of this consultation draft guideline although the OFT may publish a revised guideline for further consultation in due course.
The aim of the series is to increase transparency and assist businesses in their compliance with competition law. Generally, the notes will explain the OFT's current policy and procedure on matters which are either not circumscribed by law or on which the law is less than clear.
The OFT welcomes suggestions as to possible subjects for future notes.
Competition prioritisation framework (73 kb)
The criteria used by the OFT to prioritise competition cases (October 2006).
The Competition Act 1998 and public bodies (OFT443) (133 kb)
The OFT’s current thinking on certain circumstances in which a public body engaging in purchasing may or may not be considered to be an undertaking for the purposes of the Competition Act, and an indication of its likely treatment of such cases.
Please note that the European Court of Justice has upheld the judgment of the Court of First Instance in FENIN. See FENIN: Appeals and judgments [pdf 141 kb].
Certain guidance issued under the Enterprise Act 2002 is relevant to the OFT's Competition Act work, in particular in relation to cartels.
Competition disqualification orders (OFT510) (148 kb)
Guidance dealing with the powers of the OFT and each specified regulator under the Competition Disqualification Order provisions of the Company Directors Disqualification Act 1986.
The cartel offence: guidance on the issue of no-action letters for individuals (OFT513) (126 kb)
Guidance on the issue of no-action letters for individuals.
Powers for investigating criminal cartels (OFT515) (119 kb)
Explains how the OFT will exercise its powers for investigating the criminal cartel offence introduced by the Enterprise Act 2002.
Covert surveillance in cartel investigations (OFT738) (179 kb)
Code of practice providing guidance on the use of covert surveillance by the OFT under Part II of the Regulation of Investigatory Powers Act 2000 and on entry on, or interference with, property (or with wireless telegraphy) under Part III of the Police Act 1997 in cartel investigations under the Enterprise Act 2002 and, in respect of directed surveillance, cartel investigations under the Competition Act 1998.
Covert human intelligence in cartel investigations (OFT739) (158 kb)
Code of practice providing guidance on the authorisation of the use or conduct of covert human intelligence sources by the OFT in cartel investigations under the Enterprise Act 2002 and the Competition Act 1998.
You can find a full up-to-date list of our Enterprise Act guidance here.
The OFT's rules set out the procedures which the OFT and sector regulators will follow when undertaking investigation and enforcement action under the Competition Act 1998 (as amended by The Competition Act 1998 and other Enactments (Amendment) Regulations 2004).
The rules are contained in Statutory Instrument 2004 No. 2751 The Competition Act 1998 (Office of Fair Trading's Rules) Order 2004.
The guidelines are detailed guides as to how the OFT and the sector regulators enforce the Act and deal with particular matters.
Back to: Competition Act 1998
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