Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The role of the Secretary of State for Business, Energy and Industrial Strategy (SoS) in competition law is primarily legislative. The SoS has limited powers to make block exemption orders from prohibitions and is not as a rule involved in specific cases. It has more general responsibilities, namely:
- pursuant to Section 6 of the 1998 Act, it is the SoS who has the power to approve a recommendati …

The Secretary of State (SoS)

The Enterprise Act 2002 established the Office of Fair Trading (OFT) as the main enforcement body of the Chapter I and II prohibitions. Under Section 25 of the Competition Act, the OFT would conduct an investigation if there were reasonable grounds for suspecting that the Chapter I or II prohibitions had been infringed. It could grant individual exemptions from Chapter I prohibitions (Section 4), make a decision to bring the infringement to an end (Sections 32 and 33), take interim measures (Section 35) and impose penalties (Section 36).

The Competition Commission, which replaced the Monopolies and Mergers Commission (MMC), was empowered to conduct in-depth inquiries into mergers and markets as to alleged anticompetitive practices, usually as a response to a referral from the OFT. The 2002 Act enhanced the role of the Commission, giving it the responsibility for making decisions on competition questions and for making and implementing decisions on appropriate remedies. 

The Enterprise and Regulatory Reform Act 2013, which entered into force in April 2014, merged in a single competition body, the Competition and Markets Authority (CMA), the Competition Commission and the Office of Fair Trading as regards its competition functions. The CMA was established in October 2013 and has been fully functioning since April 2014. It is independent from the Government, but its members are appointed by the Secretary of State. The CMA is composed of a chair, a Board and a Panel of independent experts. Regarding the allocation of attributions for mergers or market investigations, the Board is responsible for the initial review (Phase 1) and decides whether to refer the matter for a further examination to the Panel (Phase 2). The Panel is also in charge of carrying out appeal and reference functions previously handled by the Competition Commission.

The Competition and Markets Authority (CMA)

The role of the Secretary of State for Business, Energy and Industrial Strategy (SoS) in competition law is primarily legislative. The SoS has limited powers to make block exemption orders from prohibitions and is not as a rule involved in specific cases. It has more general responsibilities, namely:

- pursuant to Section 6 of the 1998 Act, it is the SoS who has the power to approve a recommendation of the CMA to issue a block exemption order. In this regard, the SoS also has the power to vary an existing block exemption regulation;

- under paragraph 7 of Schedule 3, the SoS has the power to exclude certain agreements or conduct from the application of the Chapter I and Chapter II prohibitions for “compelling reasons of public policy”;

- the SoS establishes the method for calculating turnover for the purpose of fixing penalties pursuant to Chapters I and II;

- the SoS may adopt regulations in order to coordinate the functions performed concurrently by two or more Regulators;

- pursuant to Section 76(3) of the 1998 Act, it is for the SoS to decide when particular provisions of the 1998 Act will come into force; and

- the SoS has various powers, pursuant to Schedule 7 of the 1998 Act, as regards the composition of the CMA.

The 2002 Act established the Competition Appeal Tribunal (CAT), which replaced the Competition Commission Appeal Tribunal on 1 April 2003. The CAT, which is entirely independent from the CMA, hears appeals of certain decisions taken by the CMA or sectoral Regulators under the 1998 Act. Among other things, it has the power to confirm, set aside or vary the decision or remit the matter to the CMA or appropriate Regulator.

The CAT's functions under the 2002 Act are:

- to hear claims for damages where an infringement of competition rules has been found;

- to hear representative claims for damages, brought by specified bodies on behalf of groups of named individual consumers in respect of established breaches of those competition laws and;

- to review decisions taken by the CMA, the SoS or sectoral Regulators.

Any person aggrieved by a decision of the CMA may apply to the CAT for redress. Applications need to be brought without unreasonable delay and in any event within three months.

The President and chairmen of the CAT are appointed by the Lord Chancellor. The SoS appoints ordinary members. For each proceeding, the CAT must consist of a chairman and two other members.

The CAT receives its funds and administrative support through a new body called the Competition Service.

The Competition Appeal Tribunal (CAT)

Criminal offenses set out by the 2002 Act may be tried either in a magistrates' court, for a summary trial, or before a jury in the crown court for a trial on indictment. In England, Wales and Northern Ireland, prosecutions are generally undertaken by the Serious Fraud Office (Section 190), although the CMA also has the power to prosecute. Private prosecutions may be brought only with the consent of the CMA. In Scotland, prosecutions are brought by the Lord Advocate.

Global Competition Law

1392. The Secretary of State (SoS)

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Les notions juridiques connexes

1392. The Secretary of State (SoS)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise