Explanatory note

This Order makes provision in relation to the application of competition legislation to the persons (“the Concessionaires”) who have the function of constructing and operating a tunnel rail link between the United Kingdom and France, under the Concession between Her Majesty’s Government in the United Kingdom and the Government of the French Republic and the Concessionaires.

For the purpose of the monopoly provisions of the Fair Trading Act 1973 and the anti-competitive practices provisions of the Competition Act 1980, the Concessionaires and bodies corporate which are members of the same group as any of them, are to be deemed to be (respectively) interconnected bodies corporate and associated persons.

The Order also provides for the Concessionaires and bodies corporate which are members of the same group as any of them to be deemed to be interconnected bodies corporate for the purposes of the Restrictive Trade Practices Act 1976. This provision only applies in relation to channel tunnel agreements, as defined in section 33(12) of the Channel Tunnel Act 1987.

The Order comes into force on 17th December 1987.