Paragraph 7 Potential competition infringementsI1I2C1
United Kingdom
A discretionary exclusion ground applies to a supplier if the decision-maker considers that an agreement or concerted practice to which the supplier or a connected person is party has infringed—
the Chapter I prohibition (within the meaning given by section 2 of the Competition Act 1998), or
any substantially similar prohibition applicable in a jurisdiction outside the United Kingdom.
Sub-paragraph (1) does not apply where—
the supplier or connected person is an immunity recipient (within the meaning given by paragraph 14 of Schedule 8A to that Act), or
a regulator or other authority outside the United Kingdom has granted the supplier or connected person immunity from penalties in respect of the infringement.
Annotations
Modifications
- C1
Sch. 7 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))
Commencement
- I1
Sch. 7 para. 7 not in force at Royal Assent, see s. 127(2)
- I2
Sch. 7 para. 7 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))