Summary
The Competition Act 1998 is the principal UK statute prohibiting anti-competitive agreements and abuse of dominant market position. It introduced two prohibitions modelled on EU competition law: the Chapter I prohibition (anti-competitive agreements, equivalent to Article 101 TFEU) and the Chapter II prohibition (abuse of dominant position, equivalent to Article 102 TFEU). The CMA is the primary enforcement authority.
Key Points
- Chapter I prohibition: agreements that prevent, restrict, or distort competition (s.2)
- Chapter II prohibition: abuse of a dominant market position (s.18)
- CMA can impose fines of up to 10% of worldwide turnover
- Leniency programme for cartel whistleblowers
- Private actions for damages before the Competition Appeal Tribunal
- Exemptions available where agreements meet efficiency criteria (s.9)
Parts & Sections
Amendments History
2002 — Enterprise Act 2002
Created the OFT (now CMA) and introduced the criminal cartel offence.
2024 — Digital Markets, Competition and Consumers Act 2024
Enhanced CMA powers and introduced the strategic market status regime for digital firms.