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Defined terms — Competition Act 1998

United Kingdom · ukpga/1998/41 · 1582 provisions

147 defined in this instrument.

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a CMA's finding — a finding of fact made by the CMA in the course of conducting an investigation Section 58(2)
agreement — an agreement entered into before the date on which the repeal of the limiting provisions comes into force Schedule 13, Part V, paragraph 41(1)
agricultural product — any product of a kind listed in Annex I to the Treaty Schedule 3, paragraph 9(9)
applicant — the person making an application to which this Schedule applies Schedule 5, paragraph 1
applicant — the person making an application to which this Schedule applies Schedule 6, paragraph 1
application — an application under section 13 or an application under section 14 Schedule 5, paragraph 1
application — an application under section 21 or an application under section 22 Schedule 6, paragraph 1
application for a decision — an application under section 14 Schedule 5, paragraph 1
application for a decision — an application under section 22; “other party”, in relation to conduct of two or more persons, means one of those persons other than the applicant Schedule 6, paragraph 1
application for guidance — an application under section 13 Schedule 5, paragraph 1
application for guidance — an application under section 21 Schedule 6, paragraph 1
approved scheme — a redress scheme approved by the CMA Section 49C(11)
Article 41 order — an order under Article 41 of the Gas (Northern Ireland) Order 1996 Schedule 13, Part IV, Chapter IV, paragraph 32(7)
Article 95(2) commitments transfer decision — an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of EU anti-trust commitments to the CMA Section 40ZA(2)
Article 95(2) direction transfer decision — an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of an EU anti-trust direction to the CMA Section 40ZA(4)
assimilated block exemption regulation — the following regulations as amended from time to time— Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway; Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia); Commission Regulation (EU) 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices; Commission Regulation (EU) 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector; Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements; Commission Regulation (EU) 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements; Commission Regulation (EU) 316/2014 on the… Section 10(12)
business premises — premises (or any part of premises) not used as a dwelling Section 27(6)
Cartel — an agreement or concerted practice between two or more competitors aimed at— through practices such as (but not limited to) those listed in sub-paragraph (2). co-ordinating their competitive behaviour in a market, or otherwise influencing competition in a market Schedule 8A, Part 1, paragraph 4(1)
Cartel leniency programme — a programme operated by a competition authority under which— an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel Schedule 8A, Part 1, paragraph 4(3)
Cartel leniency statement — a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which— excluding any pre-existing information. consists of information about a cartel and the person’s role in relation to the cartel, is provided voluntarily, and is provided specifically for the purposes of the competition authority’s cartel leniency programme Schedule 8A, Part 1, paragraph 4(4)
Chapter III powers — the powers given to the Director by Chapter III of Part I of that Act so far as they relate to the Chapter I prohibition, and In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice. In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice Schedule 2, Part I, paragraph 1(4)
Chapter III powers — the powers given to the Director by Chapter III of Part I of that Act so far as they relate to the Chapter I prohibition Schedule 2, Part III, paragraph 4(2)
charity — a body, or the trustees of a trust, established for charitable purposes only; “damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses); “damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990 Section 47C(9)
collective proceedings order — an order made by the Tribunal authorising the continuance of collective proceedings; ... ... “the court”, except in sections 49E, 58, 58A and 60A and Schedule 8A and the expression “European Court”, means— in England and Wales, the High Court; in Scotland, the Court of Session; and in Northern Ireland, the High Court; ... “document” includes information recorded in any form; ... ... ... “individual exemption” has the meaning given in section 4(2); “information” includes estimates and forecasts; “infringement decision”, except in section 49C, has the meaning given in section 47A(6); “injunction” includes an interim injunction; “investigating officer” has the meaning given in section 27(1) Section 59(1)
compensating party — a person offering compensation under an approved scheme Section 49C(11)
Competent person — the CMA or any of the regulators Section 54(7)
Competition authority — — the CMA, and a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8A, Part 1, paragraph 3(1)
Competition claim — — a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of— the person who suffered the loss or damage, or a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise), or a claim for a declaration or a declarator in respect of an infringement of competition law Schedule 8A, Part 1, paragraph 2(2)
Competition damages claim — a competition claim to the extent that it is a claim for damages Schedule 8A, Part 1, paragraph 2(3)
Competition law — — the Chapter I prohibition, and the Chapter II prohibition, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8A, Part 1, paragraph 2(1)
Competition proceedings — proceedings before a court or the Tribunal to the extent that they relate to a competition claim Schedule 8A, Part 1, paragraph 2(4)
conduct of minor significance — conduct which falls within a category prescribed for the purposes of this section Section 40(1)
Consensual dispute resolution process — arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court Schedule 8A, Part 1, paragraph 6(1)
consensual settlement — an agreement relating to a dispute about loss or damage arising from an infringement of competition law which— is reached through a consensual dispute resolution process, is made between— an infringer or a person who has acquired an infringer’s liability in respect of the infringement (whether by operation of law or otherwise) (“the settling infringer”), and a person who suffered the loss or damage or a person who has acquired such a person’s right to make a claim in respect of the loss or damage (whether by operation of law or otherwise) (“the settling complainant”), and entirely resolves the dispute between the settling infringer and the settling complainant Schedule 8A, Part 9, paragraph 37
Continuing application — an application made, but not determined, before the starting date Schedule 13, Part IV, Chapter I, paragraph 11(2)
continuing proceedings — proceedings in respect of an application made to the Court under the RTPA or the RPA, but not determined, before the starting date Schedule 13, Part IV, Chapter II, paragraph 15(1)
court — — the High Court; the Court of Appeal; the Court of Session; the High Court or Court of Appeal in Northern Ireland; or the Supreme Court Schedule 13, Part IV, Chapter I, paragraph 10(6)
Court — — except in paragraphs 3(6) and 35. the High Court or the Court of Appeal in England and Wales, the sheriff or the Court of Session, the High Court or the Court of Appeal in Northern Ireland, or the Supreme Court Schedule 8A, Part 1, paragraph 7(1)
decision — a decision of the CMA — as to whether or not an agreement has infringed the Chapter I prohibition; or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as to whether or not conduct has infringed the Chapter II prohibition; or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 9, paragraph 5(2)
decision — a decision of the CMA — that the Chapter I prohibition has been infringed; or that the Chapter II prohibition has been infringed; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 31(2)
decision — a decision of the CMA — and includes a direction under section 32 or 33 and such other decisions under this Part as may be prescribed. as to whether the Chapter I prohibition has been infringed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as to whether the Chapter II prohibition has been infringed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cancelling a block or assimilated exemption, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . not releasing commitments pursuant to a request made under section 31A(4)(b)(i), releasing commitments under section 31A(4)(b)(ii), to make directions under section 35, not to make directions under section 35, as to the imposition of any penalty under section 36 or as to the amount of any such penalty Section 46(3)
Department — the Department of Economic Development Schedule 13, Part IV, Chapter IV, paragraph 32(7)
Digital markets proceedings — proceedings under section 101 of the Digital Markets, Competition and Consumer Act 2024 (rights to enforce requirements of Part 1) Schedule 8A, Part 1, paragraph 7(2A)
Director — the Director General of Fair Trading; “document” includes information recorded in any form Schedule 13, Part I, paragraph 1(1)
Director — the Director General of Fair Trading; “regional Channel 3 licence” has the same meaning as in Part I; In this section references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice. In the application of this section to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice Schedule 2, Part III, paragraph 4(2)
domestic premises — premises (or any part of premises) that are used as a dwelling and are— premises also used in connection with the affairs of an undertaking or association of undertakings; or premises where documents relating to the affairs of an undertaking or association of undertakings are kept Section 28A(9)
dominant position — a dominant position within the United Kingdom Section 18(3)
enactment date — the date on which this Act is passed; “information” includes estimates and forecasts Schedule 13, Part I, paragraph 1(1)
EU anti-trust commitments — commitments contained, pursuant to Article 9(1) of Regulation 1/2003, in a decision adopted by the European Commission under that Regulation Section 40ZA(2)
EU anti-trust direction — a direction given pursuant to Article 7(1) of Regulation 1/2003 in a decision adopted by the European Commission under that Regulation Section 40ZA(4)
exempt agreement — an agreement which is exempt from the Chapter I prohibition as a result of section 9 Section 6(8)
exempt provisions — those provisions of the agreement which would, disregarding section 14 of the RPA, be— void as a result of section 9(1) of the RPA; or unlawful as a result of section 9(2) or 11 of the RPA Schedule 13, Part IV, Chapter II, paragraph 14(3)
exempt provisions — those provisions of the agreement which would, disregarding section 14 of the RPA, be— void as a result of section 9(1) of the RPA; or unlawful as a result of section 9(2) or 11 of the RPA Schedule 13, Part IV, Chapter III, paragraph 24(5)
infringement — an infringement of EU law relating to Article 85 or 86 of the Treaty establishing the European Community Section 73(7)
infringement decision — — a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, or a decision of the Tribunal on an appeal from the decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed Section 47A(6)
infringement decision — a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed Section 49C(11)
interim period — the period beginning on the enactment date and ending immediately before the starting date Schedule 13, Part I, paragraph 1(1)
investigation — an investigation under section 25; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 Section 59(1)
legal requirement — a requirement— imposed by or under any enactment in force in the United Kingdom; imposed by or under the EU withdrawal agreement or the EEA EFTA separation agreement and having legal effect in the United Kingdom without further enactment (and in this paragraph, “EEA EFTA separation agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3, paragraph 5(3)
merger provisions — the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1) Schedule 1, Part I, paragraph 1(3)
named officer — the officer named in the warrant; and “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises Section 29(5)
non-exempt agreement — an agreement relating to the provision of railway services (whether made before or after the starting date) which is not a section 131 agreement; and “railway services” has the meaning given by section 82 of the 1993 Act Schedule 13, Part IV, Chapter IV, paragraph 34(1)
notice period — such period as may be specified with a view to giving the OFT sufficient time to consider whether to oppose under subsection (2) Section 7(4)
OFCOM — the Office of Communications; “officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner; “opt-in collective proceedings” has the meaning given in section 47B(10); “opt-out collective proceedings” has the meaning given in section 47B(11); ... ... “person”, in addition to the meaning given by the Interpretation Act 1978, includes any undertaking; “premises” includes any land or means of transport Section 59(1)
Part 1 proceedings — proceedings brought otherwise than by the CMA— in respect of an infringement decision; or in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; ... .. Section 58(2)
penalty notice — a notice given under section 36 Section 37(2)
planning obligation — — a planning obligation for the purposes of section 106 of the Town and Country Planning Act 1990; or a planning obligation for the purposes of section 299A of that Act Schedule 3, paragraph 1(2)
pre-existing information — information that exists irrespective of a competition authority’s investigations, and the fact that information is in a competition authority’s file does not prevent it from being pre-existing information Schedule 8A, Part 1, paragraph 4(5)
prescribed — prescribed by an order made by the Secretary of State Schedule 13, Part I, paragraph 1(1)
prescribed — prescribed by an order Section 50(5)
prescribed — prescribed by regulations made by the Secretary of State; “regulator” has the meaning given by section 54 Section 59(1)
price fixing agreement — an agreement which has as its object or effect, or one of its objects or effects, restricting the freedom of a party to the agreement to determine the price to be charged (otherwise than as between that party and another party to the agreement) for the product, service or other matter to which the agreement relates Section 39(9)
Privileged communication — a communication— which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege. between a professional legal adviser and his client, or made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings Section 30(2)
Procedural rules — — in relation to proceedings before a court, rules of court, and in relation to proceedings before the Tribunal, Tribunal rules Schedule 8A, Part 1, paragraph 7(3)
provision for agricultural products — Council Regulation (EEC) No. 26/62 of 4th April 1962 applying certain rules of competition to production of and trade in agricultural products. In this paragraph— Schedule 3, paragraph 9(9)
recognised association of producer organisations — an association recognised under section 30 of that Act Schedule 3, paragraph 9(9)
recognised interbranch organisation — an organisation of agricultural businesses recognised under section 30 of the Agriculture Act 2020 Schedule 3, paragraph 10(6)
recognised producer organisation — a producer organisation recognised under section 30 of that Act Schedule 3, paragraph 9(9)
redress scheme — a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person Section 49C(11)
regulating provisions — — in relation to a self-regulating organisation, any rules made, or guidance issued, by the organisation; in relation to an investment exchange, any rules made, or guidance issued, by the exchange; in relation to a clearing house, any rules made, or guidance issued, by the clearing house Schedule 2, Part I, paragraph 1(2)
Regulation 1/2003 — Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty Section 40ZA(4)
regulator — any person mentioned in paragraphs (a) to (g) of paragraph 1 of Schedule 10 and the Civil Aviation Authority Schedule 13, Part I, paragraph 1(1)
regulator — — Parts II and III of Schedule 10 provide for functions of the CMA under this Part to be exercisable concurrently by regulators. Parts IV and V of Schedule 10 make minor and consequential amendments in connection with the regulators’ competition functions. The Secretary of State may make regulations for the purpose of co-ordinating the performance of functions under this Part (“Part I functions”) which are exercisable concurrently by two or more competent persons as a result of any enactment (including any subordinate legislation) whenever passed or made. The regulations may, in particular, make provision— as to the procedure to be followed by competent persons when determining who is to exercise Part I functions in a particular case; as to the steps which must be taken before a competent person exercises, in a particular case, such Part I functions as may be prescribed; as to the procedure for determining, in a particular case, questions arising as to which competent person is to exercise Part I functions in respect of the case; for Part I functions in a particular case to be exercised jointly— and as to the procedure to be followed in such cases; by the CMA and one or more… Section 54
relevant exclusion — an exclusion under paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3 or the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000 Schedule 13, Part IV, Chapter VI, paragraph 38(5)
relevant guidance — the statement of policy which was most recently published under section 35C at the time when the act or omission concerned occurred Section 35B(6)
relevant guidance — the statement of policy which was most recently published under section 40B of the 1998 Act at the time when the act or omission concerned occurred Section 40ZE(5)
Relevant particulars — — particulars which are required to be furnished by virtue of section 24 of the RTPA; or particulars of any variation of an agreement which are required to be furnished by virtue of sections 24 and 27 of the RTPA Schedule 13, Part IV, Chapter III, paragraph 25(2)
relevant party — — in relation to the Chapter I prohibition ..., a party to the agreement which has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and in relation to the Chapter II prohibition ..., the undertaking whose conduct has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be) Section 58(2)
relevant person — — in relation to a competition claim within paragraph 2(2)(a), a person who suffered the loss or damages that is the subject of the claim; in relation to a competition claim within paragraph 2(2)(b), the pursuer Schedule 8A, Part 5, paragraph 24(4)
relevant undertaking — an undertaking whose activities are being investigated as part of the investigation in question Section 26A(7)
representative — a person who is authorised by a collective proceedings order to bring collective proceedings Section 59(1)
represented person — a class member who— has opted in to opt-in collective proceedings, was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or has opted in to opt-out collective proceedings; “ assimilated block exemption regulation” has the meaning given in section 10(12); “ assimilated exemption” has the meaning given in section 10(3); ... .. Section 59(1)
RPA — the Resale Prices Act 1976 Schedule 13, Part I, paragraph 1(1)
RTPA — the Restrictive Trade Practices Act 1976; “continuing proceedings” has the meaning given by paragraph 15 Schedule 13, Part I, paragraph 1(1)
rules — rules made by the OFT under section 51 Schedule 5, paragraph 1
rules — rules made by the OFT under section 51 Schedule 6, paragraph 1
rules — rules made by the CMA under section 51 Schedule 9, paragraph 1
rules — rules made by the OFT under section 51 Section 53(3)
section 100 order — an order made under section 100 of the Electricity Act 1989 Schedule 13, Part IV, Chapter IV, paragraph 28(7)
section 131 — section 131 of the Railways Act 1993 (“the 1993 Act”) Schedule 13, Part IV, Chapter IV, paragraph 34(1)
section 131 agreement — an agreement— to which the RTPA does not apply immediately before the starting date by virtue of section 131(1); or in respect of which a direction under section 131(3) is in force immediately before that date Schedule 13, Part IV, Chapter IV, paragraph 34(1)
section 62 — section 62 of the Gas Act 1986 Schedule 13, Part IV, Chapter IV, paragraph 30(8)
section 62 order — an order made under section 62 Schedule 13, Part IV, Chapter IV, paragraph 30(8)
sectoral matters — — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the case of the Director General of Gas Supply, the matters referred to in section 36A(3) and (4) of the Gas Act 1986; in the case of the Director General of Electricity Supply, the matters referred to in section 43(3) of the Electricity Act 1989; in the case of the Director General of Electricity Supply for Northern Ireland, the matters referred to in Article 46(3) of the Electricity (Northern Ireland) Order 1992; in the case of the Water Services Regulation Authority, the matters referred to in section 31(3) of the Water Industry Act 1991; in the case of the Rail Regulator, the matters referred to in section 67(3) of the Railways Act 1993; in the case of the Director General of Gas for Northern Ireland, the matters referred to in Article 23(3) of the Gas (Northern Ireland) Order 1996. in the case of the Civil Aviation Authority, the supply of air traffic services within the meaning given by section 98 of the Transport Act 2000 Schedule 13, Part IV, Chapter IV, paragraph 35(2)
settlement representative — a person who is authorised by a collective settlement order to act in relation to a collective settlement Section 49B(11)
Settlement submission — a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking— which states— that the undertaking accepts that it has infringed competition law, or that the undertaking does not accept that it has infringed competition law but will not dispute a decision of the competition authority that it has done so, which is made voluntarily, and which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement Schedule 8A, Part 1, paragraph 5(1)
small agreement — an agreement— which falls within a category prescribed for the purposes of this section; but is not a price fixing agreement Section 39(1)
small or medium-sized enterprise — a small or medium-sized enterprise as defined in the Annex to Commission Recommendation (EC) No. 2003/361 of 6 May 2003 (“the SME Annex”), subject to sub-paragraph (6) Schedule 8A, Part 3, paragraph 12(5)
specified — specified in rules made by the Director under section 51 Schedule 13, Part IV, Chapter V, paragraph 36(6)
specified — specified in the order Schedule 3, paragraph 6(7)
specified — specified in the rules Schedule 5, paragraph 1
specified — specified in the rules Schedule 6, paragraph 1
specified — — specified, or described, in the notice; or falling within a category which is specified, or described, in the notice Section 26(4)
specified — — specified, or described, in the notice under subsection (3), or falling within a category which is specified, or described, in that notice; “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1); “transferred EU anti-trust direction” has the meaning given by section 40ZA(3) Section 40ZD(6)
specified — specified in a direction made by the Tribunal Section 47B(14)
specified — specified in a direction made by the Tribunal Section 49A(12)
specified — specified in rules Section 53(3)
specified — specified in a block exemption order Section 6(8)
specified activities — the activities specified in regulations under section 30(6)(e) of that Act Schedule 3, paragraph 10(6)
specified date — the date specified in the penalty notice Section 37(2)
specified practices — — and expressions used in this section which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act. in the case of a recognised self-regulating organisation, the practices mentioned in section 119(2)(a)(ii) and (iii) above (read with section 119(5) and (6)(a)); in the case of a recognised investment exchange, the practices mentioned in section 119(2)(b)(ii) and (iii) above (read with section 119(5) and (6)(b)); in the case of a recognised clearing house, the practices mentioned in section 119(2)(c)(ii) and (iii) above (read with section 119(5) and (6)(b)); in the case of a person who is subject to the statements of principle, rules, regulations or codes of practice issued or made by a designated agency in the exercise of functions transferred to it by a delegation order, the practices mentioned in section 121(2)(c) above (read with section 121(4)) Schedule 2, Part I, paragraph 1(2)
starting date — the date on which section 2 comes into force Schedule 13, Part I, paragraph 1(1)
the 1973 Act — the Fair Trading Act 1973 Schedule 13, Part V, paragraph 41(1)
the appropriate court — the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session Section 49(3)
the Chapter I prohibition — the prohibition imposed by section 2(1) of the Competition Act 1998 Schedule 2, Part I, paragraph 1(2)
the Chapter I prohibition — the prohibition imposed by section 2(1) of the Competition Act 1998 Schedule 2, Part I, paragraph 1(4)
the Chapter I prohibition — the prohibition imposed by section 2(1) of the Competition Act 1998, references to an agreement are to be read as applying equally to, or in relation to, a decision or concerted practice, In the application of this paragraph to decisions and concerted practices, references to provisions of an agreement are to be read as references to elements of a decision or concerted practice Schedule 2, Part II, paragraph 2(2)
the Chapter I prohibition — the prohibition imposed by section 2(1) of the Competition Act 1998 Schedule 2, Part III, paragraph 4(2)
the CMA — the Competition and Markets Authority; “collective proceedings” has the meaning given in section 47B(1) Section 59(1)
the Court — the Restrictive Practices Court Schedule 13, Part I, paragraph 1(1)
the court — — in England and Wales, the High Court or the county court, in Northern Ireland, the High Court or a county court, in Scotland, the Court of Session or the sheriff Section 49E(9)
the court — — in England and Wales or Northern Ireland, the High Court, in Scotland, the Court of Session or the sheriff Section 58(4)
the court — — in England and Wales or Northern Ireland, the High Court, in Scotland, the Court of Session or the sheriff Section 58A(6)
the limiting provisions — sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs Schedule 13, Part V, paragraph 41(1)
the order — an order under section 56 or 73 of the 1973 Act Schedule 13, Part V, paragraph 41(1)
the relevant period — the period beginning with the starting date and ending immediately before the fifth anniversary of that date Schedule 13, Part IV, Chapter IV, paragraph 27
the Tribunal — the Competition Appeal Tribunal Section 59(1)
the United Kingdom — the United Kingdom or any part of it Section 18(3)
the United Kingdom — in relation to an agreement which operates or is intended to operate only in a part of the United Kingdom, that part Section 2(7)
third party — a person who is not a party to the agreement (or who has not engaged in the conduct) Schedule 9, paragraph 12(2)
transferred EU anti-trust commitments — EU anti-trust commitments— which are the subject of an Article 95(2) commitments transfer decision (and, where those commitments are modified by, or as contemplated by, that decision, or by a later Article 95(2) commitments transfer decision, means those commitments as so modified), and which have not been wholly waived or substituted by the European Commission Section 40ZA(1)
transferred EU anti-trust direction — an EU anti-trust direction— which is the subject of an Article 95(2) direction transfer decision (and, where that direction is modified by, or as contemplated by, that decision, or by a later Article 95(2) direction transfer decision, means that direction as so modified), and which has not been wholly revoked by the European Commission Section 40ZA(3)
transitional period — the transitional period provided for in Chapters III and IV of Part IV of this Schedule Schedule 13, Part I, paragraph 1(1)
transitional period — the period which— begins on the day on which the repeal of the limiting provisions comes into force; and ends on the first anniversary of the starting date Schedule 13, Part V, paragraph 41(1)
Tribunal rules — rules under section 15 of the Enterprise Act 2002 Section 59(1)
United Kingdom national — — a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; a person who is a British subject under the British Nationality Act 1981; a British protected person within the meaning of that Act Section 44B(6)
working day — a day which is not— Saturday, Sunday, Christmas Day, Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom Section 59(1)