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Press releases 2004
New competition law rules of procedure
188/04 17 November 2004
New procedural Rules relating to the OFT's investigation and enforcement functions under the Competition Act 1998 (CA98) come into force today, following approval by the Secretary of State for Trade and Industry.
The new Rules have been adopted following the reform of the framework for the enforcement of European competition law by the EC 'Modernisation Regulation' (see press releases 66/04 & 80/04 and note 4) and the alignment of UK competition law with this new framework.
The Modernisation Regulation empowers the OFT to apply EC competition law to anti-competitive agreements and abuses of dominance in the UK where they may have an effect on trade between member states. The new Rules set out the OFT's procedures when taking investigation and enforcement action in relation to Chapters I and II of the Competition Act 1998, and Articles 81 and Article 82 of the EC Treaty.
NOTES
1. Approval is granted by the Secretary of State for Trade and Industry under sections 51 and 75A of CA98.
2. The new Rules are contained in the Schedule to The Competition Act 1998 (Office of Fair Trading's Rules) Order 2004 SI 2004/2751 and replace the OFT's existing Rules. SI 2004/2751 is available on the HMSO website
3. The OFT's previous Rules are contained in the Schedule to The Competition Act 1998 (Director's rules) Order 2000, SI 2000/293.
4. The 'Modernisation Regulation' is EC Regulation 1/2003.
5. Article 81 of the EC Treaty prohibits some agreements that may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market.
6. Article 82 of the EC Treaty prohibits conduct which amounts to an abuse of a dominant position within the common market which may affect trade between Member States.
7. Chapters I and of CA98 are based on Article 81 and Article 82 of the EC Treaty respectively, and apply to anti-competitive practices which affect trade within the United Kingdom.
8. The OFT consulted on the content of the new Rules, as required by sections 51 and 75A of CA98, between April and June 2004.
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