Introductory text

COMPETITION

Made 26th May 2023

Laid before Parliament 30th May 2023

Coming into force in accordance with article 1(2) and (3)

The Competition and Markets Authority has recommended that the Secretary of State make an order specifying certain categories of agreements relating to the motor vehicle aftermarket for the purposes of section 6 of the Competition Act 1998^f1 (“the Act”).

In accordance with section 8(1) of the Act^f2, before making the recommendation, the Competition and Markets Authority published details of the proposed recommendation and considered the representations about it which were made to it^f3.

The Secretary of State has decided to give effect to the recommendation without modifications and makes this Order in exercise of the powers conferred by sections 6(2)(a), (5), (6) and (7) and 71(3) of the Act.

The Secretary of State has complied with section 8(5) of the Act^f4 in relation to the revocation of the Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023^f5 by this Order.

Annotations

Footnotes

f1: 1998 c. 41. Section 6 was amended by paragraph 2 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 (c. 24) to give the function of making recommendations to the Competition and Markets Authority. The Competition and Markets Authority was established by section 25 of that Act. This function was previously the responsibility of the Director General for Fair Trading and then the Office of Fair Trading. Other amendments to section 6 were made by paragraph 38 of Schedule 25 to the Enterprise Act 2002 (c. 40) and S.I. 2004/1261. See article 3(2) of this Order for the definition of motor vehicle aftermarket agreements.
f2: Section 8(1) was amended by paragraph 38 of Schedule 25 to the Enterprise Act 2002 and paragraph 3 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.
f3: The Competition and Markets Authority’s proposed recommendation and responses to its consultation can be found online at https://www.gov.uk/government/consultations/retained-motor-vehicle-block-exemption-regulation-consultation or obtained by writing to Competition and Markets Authority, The Cabot, 25 Cabot Square, London E14 4QZ.
f4: Section 8(5) was amended by paragraph 3 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.
f5: S.I. 2023/501. The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 was due to come into force on 1st June 2023 but is being revoked and remade with amendments by this Order because it contained an error.