EC Articles 84 and 85 Enforcement Regulations

The EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 establish a competition regime for the enforcement of Articles 81 and 82 of the EC Treaty in certain sectors. They make provision for the investigation, making and enforcement of decisions in respect of agreements or conduct on which it appears to the OFT that the United Kingdom has a duty to rule under Article 84 of the EC Treaty.

Article 81 prohibits agreements between undertakings which have as their object or effect the prevention, restriction or distortion of competition within the common market and which may affect trade between member states and which do not satisfy the conditions in Article 81(3). Article 82 prohibits the abuse by one or more undertakings of a dominant position in the common market or in a substantial part of it in so far as it may affect trade between member states. Article 84 applies to cases where the Council of the European Union has not made regulations under Article 83 giving effect to Articles 81 and 82 of the EC Treaty. No implementing regulation has been made under Article 83 in respect of international tramp vessel services and maritime transport services taking place exclusively between ports in one and the same member state.

The regulations set out the relevant procedures to be followed and can be seen on the OPSI site. The OFT is required to maintain a public register giving information about applications made under the regulations.

The CA98 continues to apply to these two sectors. However, the Competition Act 1998 (Section 11 Exemption) Regulations 2001 provide that an exemption granted under the Enforcement Regulations will also serve as an exemption under the CA98.

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