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UK Competition Act 1998 - Coggle Diagram

- - - - (1)Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom and which—
      - (a)in the case of agreements, decisions or practices implemented, or intended to be implemented in the United Kingdom, may affect trade in the United Kingdom, or
      - (b)in any other case, are likely to have an immediate, substantial and foreseeable effect on trade within the United Kingdom,
      - are prohibited unless they are exempt in accordance with the provisions of this Part.]
      - (2)Subsection (1) applies, in particular, to agreements, decisions or practices which—
      - (a)directly or indirectly fix purchase or selling prices or any other trading conditions;
      - (b)limit or control production, markets, technical development or investment;
      - (c)share markets or sources of supply;
      - (d)apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
      - (e)make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
      - F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
      - (4)Any agreement or decision which is prohibited by subsection (1) is void.
      - (5)A provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).
      - (6)Subsection (5) does not apply where the context otherwise requires.
      - (7)In this section “the United Kingdom” means, in relation to an agreement which operates or is intended to operate only in a part of the United Kingdom, that part.
      - (8)The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter I prohibition”.
- - - - An agreement is exempt from the Chapter I prohibition if it]—
      - (a)contributes to—
      - (i)improving production or distribution, or
      - (ii)promoting technical or economic progress,
      - while allowing consumers a fair share of the resulting benefit; [F4and]
      - (b)does not—
      - (i)impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or
      - (ii)afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the products in question.
      - (2)In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.]
- - - - (1)Subject to section 19, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market is prohibited if it may affect trade within the United Kingdom.
      - (2)Conduct may, in particular, constitute such an abuse if it consists in—
      - (a)directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
      - (b)limiting production, markets or technical development to the prejudice of consumers;
      - (c)applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
      - (d)making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.
      - (3)In this section—
        
        “dominant position” means a dominant position within the United Kingdom; and
        
        “the United Kingdom” means the United Kingdom or any part of it.
      - (4)The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter II prohibition”.