Enterprise Act 2002


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Enterprise Act 2002

a UK Act that extended UK COMPETITION LAW to provide tougher powers to control cartels and anticompetitive behaviour and independence in merger references. Firstly, under the Act anticompetitive practices such as price-fixing and bid-rigging constitute a criminal offence, punishable by the imprisonment of guilty company officials, and the OFFICE OF FAIR TRADING (OFT) was given new powers to use surveillance techniques to flush out conspiracies. Secondly, the instigation of merger references is now solely the responsibility of the OFT. Previously, merger references were decided by the OFT acting in conjunction with the Secretary of State for Trade and Industry. This had led to complaints of ‘political’ interference rather than cases being referred purely on competition grounds.

In addition, the Act established the COMPETITION APPEALS TRIBUNAL, an independent body separate from the OFT and Competition Commission (CC) to hear appeals against decisions taken by these two regulators.

References in periodicals archive ?
The UK Competition and Markets Authority has served an initial enforcement order under section 72(2) of the Enterprise Act 2002 on UK-based newspaper publisher Trinity Mirror plc (LSE: TNI) in relation to the completed acquisition by Trinity Mirror plc of certain assets of Northern and Shell Media Group Ltd, the CMA said.
The CMA announced on It October that the solutions offered would be accepted under the Enterprise Act 2002.
As I know is now very well known by the House, decisions by the Secretary of State on media mergers under the Enterprise Act 2002 are made on a quasi-judicial basis.
The CMA is therefore considering whether to accept an undertaking under section 73 of the Enterprise Act 2002 (the Act) in lieu of a reference.
10] Sandra Frisby In Search of a Rescue Regime: The Enterprise Act 2002 Modern Law Review March 2004
He appeared at the court on Thursday September 29 where he signed an undertaking to trade fairly, under the Enterprise Act 2002, on behalf of himself and the two companies of which he is a director; Prestige Autohaus Ltd and Prestige Motoring World Ltd (trading as Coventry Car Mart, Coventry Auto Lounge and Prestige Auto Lounge).
has used its powers under the Enterprise Act 2002 to launched a super complaint over how the rail industry compensates passengers.
Essentially an extension of rights that have existed under the Competition Act 1998 and also the Enterprise Act 2002, the idea is that consumers and consumer groups like Which can bring USA-style class actions against companies which have infringed their rights.
2) See generally MARK FURSE, COMPETITION AND THE ENTERPRISE ACT 2002 (2003); NIGEL PARR, ROGER FINBOW & MATTHEW HUGHES, UK MERGER CONTROL: LAW AND PRACTICE (2d ed.
A statement to the Stock Exchange yesterday read: "The OFT is considering whether arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation under the Enterprise Act 2002 and, if so, whether that situation might be expected to result in a substantial lessening of competition.
A statement by the OFT yesterday revealed it was considering whether the deal could result in a "relevant merger situation" under the merger provisions of the Enterprise Act 2002.
The pair appeared at Birmingham County Court yesterday after Trading Standards sought an order under the Enterprise Act 2002 forcing them to trade lawfully.

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