p. 3499. Competition Act 1998: substantive provisions
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter describes the substantive provisions of the Competition Act 1998 in the UK. The focus of attention in this chapter is the ‘Chapter I prohibition’, which prohibits anti-competitive agreements, and the ‘Chapter II prohibition’, which prohibits the abuse of a dominant position. The Chapter I and II prohibitions are closely modelled upon Articles 101 and 102 TFEU, although they are by no means identical in every respect. Following an overview of the Competition Act, and the changes introduced as a result of Brexit, it considers in turn the decisional practice and case-law under the Chapter I and Chapter II prohibitions. It then discusses the duty in section 60A of the Competition Act that sets out the principles to be applied in determining questions that arise in relation to competition within the UK with effect from 1 January 2021. The chapter also contains a table of all the decisions under the Competition Act to have been published on the website of the Competition and Markets Authority (CMA) since the ninth edition of the book in December 2017.
Keywords
- Competition Act 1998
- Competition SI
- Implementation SI
- Guidelines
- Chapter I prohibition
- Undertakings
- Agreements
- Concerted practices
- Hub and spoke
- Decisions by associations of undertakings
- Single and continuous infringement
- Restriction of competition by object
- Restriction of competition by effect
- Objective necessity
- Appreciability
- Voidness
- Severance
- Excluded agreements
- Vertical agreements
- Land agreements
- Exemption
- Section 9
- Block exemption
- Parallel exemptions
- Retained exemptions
- Chapter II prohibition
- Relevance market
- Dominance
- Market shares
- Entry barriers
- Abuse
- Objective justification
- Efficiencies
- Exclusions
- Competition and Markets Authority
- CMA
- Competition Appeal Tribunal
- CAT
- section 60A
- Brexit
- Review
