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The Competition (Amendment etc.) (EU Exit) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111173930

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Competition

Made ***

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, paragraph 1(1) of Schedule 4 to, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 3(1) of Schedule 4 to that Act, these Regulations are made with the consent of the Treasury.

In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of the Competition Act 1998
  4. 2Regulation 2
  5. 3Regulation 3
  6. 4Regulation 4
  7. 5Regulation 5
  8. 6Regulation 6
  9. 7Regulation 7
  10. 8Regulation 8
  11. 9Regulation 9
  12. 10Regulation 10
  13. 11Regulation 11
  14. 12Regulation 12
  15. 13Regulation 13
  16. 14Regulation 14
  17. 15Regulation 15
  18. 16Regulation 16
  19. 17Regulation 17
  20. 18Regulation 18
  21. 19Regulation 19
  22. 20Regulation 20
  23. 21Regulation 21
  24. 22Regulation 22
  25. 23Regulation 23
  26. 24Regulation 24
  27. 25Regulation 25
  28. 26Regulation 26
  29. 27Regulation 27
  30. 28Regulation 28
  31. 29Regulation 29
  32. 30Regulation 30
  33. 31Regulation 31
  34. Part 3: Amendment of the Enterprise Act 2002
  35. 32Regulation 32
  36. 33Regulation 33
  37. 34Regulation 34
  38. 35Regulation 35
  39. 36Regulation 36
  40. 37Regulation 37
  41. 38Regulation 38
  42. 39Regulation 39
  43. 40Regulation 40
  44. 41Regulation 41
  45. 42Regulation 42
  46. 43Regulation 43
  47. 44Regulation 44
  48. 45Regulation 45
  49. 46Regulation 46
  50. 47Regulation 47
  51. 48Regulation 48
  52. 49Regulation 49
  53. 50Regulation 50
  54. 51Regulation 51
  55. 52Regulation 52
  56. 53Regulation 53
  57. 54Regulation 54
  58. 55Regulation 55
  59. 56Regulation 56
  60. 57Regulation 57
  61. 58Regulation 58
  62. 59Regulation 59
  63. Part 4: Amendment of other primary legislation
  64. 60Regulation 60
  65. Part 5: Amendment of subordinate legislation
  66. 61Regulation 61
  67. Part 6: Amendment of retained EU law
  68. 62Cessation of Treaty Rights and Obligations
  69. 63Amendment of retained direct EU legislation
  70. Part 7: Saving and transitional provision
  71. 64Regulation 64
  72. Signature
  73. Schedule 1: Amendment of other primary legislation
  74. 1Company Directors Disqualification Act 1986
  75. 2Gas Act 1986
  76. 3Electricity Act 1989
  77. 4Water Industry Act 1991
  78. 5Electricity (Northern Ireland) Order 1992
  79. 6Railways Act 1993
  80. 7Gas (Northern Ireland) Order 1996
  81. 8Financial Services and Markets Act 2000
  82. 9Transport Act 2000
  83. 10Company Directors Disqualification (Northern Ireland) Order 2002
  84. 11Communications Act 2003
  85. 12Water and Sewerage Services (Northern Ireland) Order 2006
  86. 13Health and Social Care Act 2012
  87. 14Civil Aviation Act 2012
  88. 15Financial Services (Banking Reform) Act 2013
  89. Schedule 2: Amendment of subordinate legislation
  90. Part 1: Amendment of subordinate legislation made under the Competition Act 1998
  91. 1Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000
  92. 2Competition Act 1998 (Determination of Turnover for Penalties) Order 2000
  93. 3Competition Act 1998 (Appealable Decisions and Revocation of Notification of Excluded Agreements) Regulations 2004
  94. 4Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014
  95. 5Competition Act 1998 (Concurrency) Regulations 2014
  96. Part 2: Amendment of subordinate legislation made under the Enterprise Act 2002
  97. 6Enterprise Act 2002 (Anticipated Mergers) Order 2003
  98. 7Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014
  99. 8Competition Appeal Tribunal Rules 2015
  100. Part 3: Amendment of other subordinate legislation
  101. 9EEC Merger Control (Distinct Market Investigations) Regulations 1990
  102. 10Restriction on Agreements and Conduct (Specified Domestic Electrical Goods) Order 1998
  103. 11Competition Act 1998 and other Enactments (Amendment) Regulations 2004
  104. 12Water Mergers (Modification of Enactments) Regulations 2004
  105. 13Designation of the Competition and Markets Authority as a National Competition Authority Regulations 2014
  106. Schedule 3: Amendment of retained direct EU legislation
  107. Part 1: Revocation of retained direct EU legislation
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. Part 2: Amendment of retained EU Regulations
  111. 3Council Regulation (EC) 169/2009
  112. 4Commission Regulation (EC) 906/2009
  113. 5Commission Regulation (EU) 330/2010
  114. 6Commission Regulation (EU) 461/2010
  115. 7Commission Regulation (EU) 1217/2010
  116. 8Commission Regulation (EU) 1218/2010
  117. 9Commission Regulation (EU) 316/2014
  118. 10Effect of certain revocations
  119. Schedule 4: Saving and transitional provision
  120. Part 1: Interpretation
  121. 1Interpretation
  122. Part 2: Exemptions from the Chapter 1 prohibition
  123. 2Pre-existing agreements exempt by virtue of an EU decision
  124. 3Pre-existing research and development agreements
  125. Part 3: CMA investigations under Part 1 of the 1998 Act
  126. 4Interpretation
  127. 5Termination of EU elements of on-going investigations
  128. 6Termination of EU elements of on-going investigations
  129. 7Completed investigations terminated by decisions under section 31(2)(c) or (d) of the 1998 Act
  130. 8Cases in which CMA relieved of competence by EU law
  131. Part 4: Inspections and investigations under Parts 2 and 2A of the 1998 Act
  132. 9Paragraph 9
  133. 10Paragraph 10
  134. 11Paragraph 11
  135. 12Paragraph 12
  136. Part 5: Redress schemes further to European Commission decisions
  137. 13Paragraph 13
  138. Part 6: Court and tribunal proceedings relating to competition
  139. 14Claims before a court or tribunal relating to pre-exit day EU competition infringements
  140. 15Claims before a court or tribunal relating to pre-exit day EU competition infringements
  141. 16Claims before a court or tribunal relating to pre-exit day EU competition infringements
  142. 17Claims before a court or tribunal relating to pre-exit day domestic competition infringements
  143. Part 7: Enterprise Act 2002
  144. 18Interpretation
  145. 19Cases decided under the EC Merger Regulation before exit day
  146. 20Article 22 cases referred to but not decided by the European Commission before exit day
  147. 21Article 22 cases referred to but not decided by the European Commission before exit day
  148. 22Article 22 cases referred to but not decided by the European Commission before exit day
  149. 23Article 22 cases referred to but not decided by the European Commission before exit day
  150. 24Cases referred by the European Commission to the CMA before exit day
  151. 25Intervention to protect legitimate interests: no European intervention notice before exit day
  152. 26Intervention to protect legitimate interests: European intervention notice before exit day
  153. 27Intervention to protect legitimate interests: European intervention notice before exit day
  154. 28Intervention to protect legitimate interests: European intervention notice before exit day
  155. 29Intervention to protect legitimate interests: European intervention notice before exit day
  156. 30Intervention to protect legitimate interests: European intervention notice before exit day
  157. 31Intervention to protect legitimate interests: European intervention notice before exit day
  158. 32Intervention to protect legitimate interests: European intervention notice before exit day
  159. 33Intervention to protect legitimate interests: European intervention notice before exit day
  160. 34General savings
  161. 35General savings
  162. Part 8: Company Directors Disqualification Legislation
  163. 36Paragraph 36
  164. Explanatory note