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

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation, commencement and extent

3. PART 2 Amendment of the Competition Act 1998

   1. 2. The Competition Act 1998 is amended as follows.

   2. 3. (1) Section 10 is amended as follows.

   3. 4. After section 10 insert— Power to vary etc retained block...

   4. 5. Omit section 11 .

   5. 6. (1) Section 25 is amended as follows.

   6. 7. In section 25A(1)(b) , for “subsections (2) to (7)” substitute...

   7. 7A. In section 30A(1), for “sections 26 and 27 to 28A”...

   8. 8. In section 31(2) — (a) at the end of paragraph...

   9. 9. In section 32(1) , omit “or that it infringes the...

   10. 10. In section 33(1) , omit “or that it infringes the...

   11. 11. In section 35 — (a) in subsection (1), for “subsections...

   12. 12. In section 36 — (a) in subsection (1), omit “or...

   13. 13. In section 38 — (a) in subsection (1), for the...

   14. 13A. After section 40, insert— Transferred EU anti-trust commitments and transferred...

   15. 13B. In section 40A(1), for “28 or 28A” substitute “28, 28A...

   16. 14. In section 46(3) — (a) omit paragraphs (b) and (d);...

   17. 15. In section 47(1)(a) , for “paragraphs (a) to (f)” substitute...

   18. 16. (1) Section 47A is amended as follows.

   19. 17. In section 49C(11) , for the definition of “infringement decision”...

   20. 18. In section 52, omit subsection (1A) .

   21. 19. (1) Section 58(2) is amended as follows.

   22. 20. In section 58A , omit subsection (4).

   23. 21. (1) Section 59(1) is amended as follows.

   24. 22. Omit section 60 ).

   25. 23. After section 60 insert— Certain principles etc to be considered...

   26. 24. Omit Parts 2 and 2A .

   27. 25. In section 72(1) , omit “, 65 or 65L to...

   28. 26. (1) Section 73 is amended as follows.

   29. 27. Omit section 75A .

   30. 28. In Schedule 1, omit Part 2 .

   31. 29. (1) Schedule 3 is amended as follows.

   32. 30. (1) Schedule 8A is amended as follows.

   33. 31. (1) Schedule 9 is amended as follows.

4. PART 3 Amendment of the Enterprise Act 2002

   1. 32. The Enterprise Act 2002 is amended as follows.

   2. 33. In section 16(6) , for the definition of “infringement issue”...

   3. 34. (1) Section 22 is amended as follows.

   4. 35. In section 25 — (a) omit subsections (6), (7) and...

   5. 36. (1) Section 33 is amended as follows.

   6. 37. In section 34(1)(b), for “, 59(2) or 67(2)” substitute “...

   7. 38. In section 34ZA , omit subsection (5).

   8. 39. In section 34ZB, omit subsections (5) and (8).

   9. 40. (1) Section 34ZC is amended as follows.

   10. 41. Omit section 34A (and the italic heading before it).

   11. 42. (1) Section 42 is amended as follows.

   12. 43. In section 46 — (a) in subsection (1), omit paragraphs...

   13. 44. Omit sections 46A and 46B (and the italic heading before...

   14. 45. In section 58 — (a) in subsection (2), omit the...

   15. 46. In section 59(6)(c) , omit “, (6) and (8)”.

   16. 47. Omit sections 67 and 68 (and the italic heading before...

   17. 48. In section 73A(1) , omit paragraph (b) and the “or”...

   18. 48A. After section 95 insert— Transferred EU merger commitments Transferred EU...

   19. 49. In section 99(5)— (a) at the end of paragraph (b),...

   20. 50. In section 107(1) , omit paragraphs (ae), (af), (ag) and...

   21. 50A. After section 109 insert— Transferred EU merger commitments: witnesses, documents...

   22. 50B. In section 110A, after subsection (8) insert—

   23. 51. (1) Section 110B is amended as follows.

   24. 51A. (1) Section 120 is amended as follows.

   25. 52. Omit section 122 .

   26. 53. (1) Section 124 is amended as follows.

   27. 54. In section 129(1) — (a) omit the definition of “EU...

   28. 55. In section 130 , in the table—

   29. 56. In section 153(2) , omit the words from “; and...

   30. 57. In section 171 , omit subsections (6) and (11).

   31. 58. Omit section 209 .

   32. 59. Omit section 240 .

5. PART 4 Amendment of other primary legislation

   1. 60. Schedule 1 (which amends other primary legislation) has effect.

6. PART 5 Amendment of subordinate legislation

   1. 61. Schedule 2 (which amends subordinate legislation) has effect.

7. PART 6 Amendment of retained EU law

   1. 62. Cessation of Treaty Rights and Obligations

   2. 63. Amendment of retained direct EU legislation

8. PART 7 Saving and transitional provision

   1. 64. Schedule 4 (which makes saving and transitional provision) has effect....

9. Signature

10. 1. SCHEDULE 1

       Amendment of other primary legislation

       1. 1. Company Directors Disqualification Act 1986

       2. 2. Gas Act 1986

       3. 3. Electricity Act 1989

       4. 4. Water Industry Act 1991

       5. 5. Electricity (Northern Ireland) Order 1992

       6. 6. Railways Act 1993

       7. 7. Gas (Northern Ireland) Order 1996

       8. 8. Financial Services and Markets Act 2000

       9. 9. Transport Act 2000

       10. 10. Company Directors Disqualification (Northern Ireland) Order 2002

       11. 11. Communications Act 2003

       12. 12. Water and Sewerage Services (Northern Ireland) Order 2006

       13. 13. Health and Social Care Act 2012

       14. 14. Civil Aviation Act 2012

       15. 15. Financial Services (Banking Reform) Act 2013

    2. SCHEDULE 2

       Amendment of subordinate legislation

       1. PART 1 Amendment of subordinate legislation made under the Competition Act 1998

          1. 1. Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000

          2. 2. Competition Act 1998 (Determination of Turnover for Penalties) Order 2000

          3. 3. Competition Act 1998 (Appealable Decisions and Revocation of Notification of Excluded Agreements) Regulations 2004

          4. 4. Competition Act 1998 (Competition and Markets Authority's Rules) Order 2014

          5. 5. Competition Act 1998 (Concurrency) Regulations 2014

       2. PART 2 Amendment of subordinate legislation made under the Enterprise Act 2002

          1. 6. Enterprise Act 2002 (Anticipated Mergers) Order 2003

          2. 7. Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014

          3. 8. Competition Appeal Tribunal Rules 2015

       3. PART 3 Amendment of other subordinate legislation

          1. 9. EEC Merger Control (Distinct Market Investigations) Regulations 1990

          2. 10. Restriction on Agreements and Conduct (Specified Domestic Electrical Goods) Order 1998

          3. 11. Competition Act 1998 and other Enactments (Amendment) Regulations 2004

          4. 12. Water Mergers (Modification of Enactments) Regulations 2004

          5. 13. Designation of the Competition and Markets Authority as a National Competition Authority Regulations 2014

    3. SCHEDULE 3

       Amendment of retained direct EU legislation

       1. PART 1 Revocation of retained direct EU legislation

          1. 1. The following instruments are revoked— (a) Council Regulation (EEC) 17/62:...

          2. 2. EU decisions and EU regulations made by the European Commission...

       2. PART 2 Amendment of retained EU Regulations

          1. 3. Council Regulation (EC) 169/2009

          2. 4. Commission Regulation (EC) 906/2009

          3. 5. Commission Regulation (EU) 330/2010

          4. 6. Commission Regulation (EU) 461/2010

          5. 7. Commission Regulation (EU) 1217/2010

          6. 8. Commission Regulation (EU) 1218/2010

          7. 9. Commission Regulation (EU) 316/2014

          8. 10. Effect of certain revocations

    4. SCHEDULE 4

       Saving and transitional provision

       1. PART 1 Interpretation

          1. 1. Interpretation

       2. PART 2 Exemptions from the Chapter 1 prohibition

          1. 2. Pre-existing agreements exempt by virtue of an EU decision

          2. 3. Pre-existing research and development agreements

       3. PART 3 CMA investigations under Part 1 of the 1998 Act

          1. 4. Interpretation

          2. 5. Termination of EU elements of on-going investigations

          3. 6. (1) This paragraph applies where, immediately before IP completion day,...

          4. 7. Completed investigations terminated by decisions under section 31(2)(c) or (d) of the 1998 Act

          5. 7A. Appropriate level of a penalty

          6. 8. Cases subject to relevant separation agreement law

          7. 8A. (1) This paragraph applies where on and after IP completion...

          8. 8B. (1) This paragraph applies where on and after IP completion...

       4. PART 4 Inspections and investigations under Parts 2 and 2A of the 1998 Act

          1. 8C. (1) This paragraph applies where, on or after IP completion...

          2. 9. On and after IP completion day— (a) except in relation...

          3. 10. A warrant issued and in force under section 62(1) ,...

          4. 11. A notice given under section 65E(2) or 65F(2) of the...

          5. 12. Despite their repeal by these Regulations, sections 65B and 65K...

       5. PART 5 Redress schemes further to European Commission decisions

          1. 13. (1) This paragraph applies where— (a) before IP completion day,...

       6. PART 6 Court and tribunal proceedings relating to competition

          1. 13A. Interpretation

          2. 14. Claims before a court or tribunal relating to pre-IP completion day EU competition infringements

          3. 15. (1) In relation to claims (and defences to claims) described...

          4. 16. Where, before IP completion day, a reference has been made...

          5. 17. Claims before a court or tribunal relating to pre-IP completion day domestic competition infringements

       7. PART 6A Concentrations subject to EU Controls in accordance with the EU withdrawal agreement

          1. 17A. (1) On and after IP completion day, to the extent...

       8. PART 7 Enterprise Act 2002 and other merger control legislation

          1. 18. Interpretation

          2. 19. Cases decided under the EC Merger Regulation before exit day

          3. 19A. EU merger decisions annulled in full or in part

          4. 20. Article 22 cases referred to but not decided by the European Commission before IP completion day

          5. 21. (1) This paragraph applies in a case in which immediately...

          6. 22. (1) This paragraph applies in a case in which immediately...

          7. 23. (1) This paragraph applies in a case in which immediately...

          8. 24. Cases referred by the European Commission to the CMA ...

          9. 25. Intervention to protect legitimate interests: no European intervention notice before IP completion

          10. 25A. (1) This paragraph applies in a case where immediately before...

          11. 26. Intervention to protect legitimate interests: European intervention notice before IP completion day

          12. 27. (1) This paragraph applies in a case in which immediately...

          13. 28. (1) This paragraph applies in a case in which immediately...

          14. 29. (1) This paragraph applies in a case falling within paragraph...

          15. 30. In a case falling within paragraph 28(1), a report given...

          16. 31. In a case falling within paragraph 28(1), on and after...

          17. 32. (1) This paragraph applies in a case falling within paragraph...

          18. 33. (1) This paragraph applies in a case falling within paragraph...

          19. 34. General savings

          20. 35. The repeal of section 209 of the 2002 Act does...

          21. 35A. (1) Section 240 of the 2002 Act continues to have...

          22. 35B. EEC Merger Control (Distinct Market Investigations) Regulations 1990

       9. PART 8 Company Directors Disqualification Legislation

          1. 36. (1) This paragraph applies where an undertaking engages in conduct...

11. Explanatory Note