What UK Competition Act 1998 - Chapter I Prohibition, Chapter II Prohibition, and CMA Enforcement requires
The Competition Act 1998 (c. 41) is the principal UK legislation prohibiting anti-competitive conduct and abuse of dominant market position. Chapter I (Section 2) prohibits agreements between undertakings, decisions by associations, and concerted practices that have as their object or effect the prevention, restriction, or distortion of competition in the UK and that appreciably affect trade within the UK. Chapter II (Section 18) prohibits conduct by one or more undertakings that amounts to an abuse of a dominant position in a market in the UK or a part of the UK. The Competition and Markets Authority (CMA) and UK sector regulators with concurrent competition powers (Ofcom, Ofgem, FCA, ORR, and others) enforce the Act. Section 36 empowers the CMA to impose financial penalties on undertakings that intentionally or negligently infringe the Chapter I or Chapter II prohibitions of up to 10% of the undertaking's worldwide turnover in the preceding financial year. The Enterprise Act 2002 introduced the criminal cartel offence (Section 188) for individuals who dishonestly agree with competitors to fix prices, share markets, limit supply or production, or rig bids. The Competition (Amendment etc.) (EU Exit) Regulations 2019 ended the primacy of EU competition law in the UK after Brexit.
Pillar: Competition & Antitrust · Authority: Competition and Markets Authority (CMA); sector regulators with concurrent competition powers · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/1998/41/contents
SHA-256 integrity: 1b3526e6b2adab97d602b7a0e357c021190daa52e67a742004f920267e01f102
Primary Citations — 7 traced to source
- Competition Act 1998 (c. 41) - Chapter I prohibition (Section 2): anti-competitive agreements; Chapter II prohibition (Section 18): abuse of dominant position; Section 36: financial penalties up to 10% worldwide turnover
- Competition Act 1998 Section 2 - Chapter I prohibition: agreements, decisions, and concerted practices preventing, restricting, or distorting competition in the UK; mirrors TFEU Article 101
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