Postal Services Act 2000

20 Application of competition legislation to references etc. U.K.

(1) The provisions listed in subsection (2) shall apply to references under section 15 as if—

(a) the functions of the Competition Commission in relation to those references were functions under the M1 Fair Trading Act 1973 (in this section and section 21 referred to as “the 1973 Act”),

(b) the expression “merger reference” included a reference under section 15 above,

(c) in section 70 of the 1973 Act references to the Secretary of State were to the Commission and the reference to three months were to six months,

(d) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions in relation to a reference under section 15 above.

(2) The provisions are—

(a) sections 70, 85 and 93B of the 1973 Act (time limit for report; witnesses and documents; and penalties for false or misleading information),

(b) section 24 of the M2 Competition Act 1980 (modification of provisions about the Competition Commission’s general functions),

(c) Part II of Schedule 7 to the M3 Competition Act 1998 (the Competition Commission’s general functions).

(3) Section 82 of the 1973 Act (general provisions as to reports) shall apply to reports of the Competition Commission on references under section 15 above as it applies to reports of the Competition Commission under that Act.

(4) The provisions listed in subsection (5) shall apply to the exercise by the Competition Commission of its functions under section 18 above as if—

(a) in section 85 of the 1973 Act references to any investigation on a reference made to the Competition Commission under that Act were references to any investigation for the purposes of section 18 above,

(b) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions under section 18 above.

(5) The provisions are—

(a) sections 85 and 93B of the 1973 Act (witnesses and documents and penalties for false or misleading information),

(b) section 24 of the M4 Competition Act 1980 (modification of provisions about the Competition Commission’s general functions),

(c) Part II of Schedule 7 to the M5 Competition Act 1998 (the Competition Commission’s general functions).

(6) Section 82(1) and (2) of the 1973 Act (prejudicial information and absolute privilege) shall apply to notices given by the Competition Commission under section 19(6) or (8) above as it applies to reports made by the Competition Commission under that Act.

Marginal Citations

M1 1973 c. 41.

M2 1980 c. 21.

M3 1998 c. 41.

M4 1980 c. 21.

M5 1998 c. 41.