Skip to main content

SponsoredBuild your website with Vincony

Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
All Legislation
Competition Law
c. 41
England & Wales
amended

Competition Act 1998

Last amended by Digital Markets, Competition and Consumers Act 2024 in 2024. Enhanced CMA powers and introduced the strategic market status regime for digital firms.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

Summary

The Competition Act 1998 is the primary UK statute prohibiting anti-competitive agreements and abuse of a dominant position. Modelled closely on Articles 101 and 102 of the Treaty on the Functioning of the European Union, it introduced the 'Chapter I prohibition' against agreements that prevent, restrict or distort competition, and the 'Chapter II prohibition' against abuse of a dominant market position. The Competition and Markets Authority (CMA) enforces the Act with power to impose fines of up to 10% of worldwide turnover.

Key Points

  • Chapter I prohibition — anti-competitive agreements, decisions, and concerted practices (s.2)
  • Chapter II prohibition — abuse of a dominant position in a market (s.18)
  • Individual exemptions available if agreements improve production/distribution and benefit consumers (s.9)
  • Block exemptions may be granted by the Secretary of State (s.6–s.8)
  • CMA has power to investigate and impose penalties of up to 10% of worldwide turnover (s.36)
  • Private actions — persons harmed may seek damages in the Competition Appeal Tribunal
  • Leniency regime incentivises cartel members to self-report in exchange for reduced penalties
  • 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 Office of Fair Trading (later CMA), introduced criminal cartel offence, and reformed merger control regime.

2013 — Enterprise and Regulatory Reform Act 2013

Abolished OFT and Competition Commission, replacing them with the Competition and Markets Authority (CMA).

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.

Frequently asked questions

What is the main purpose of the Competition Act 1998?
The Competition Act 1998 is the primary UK statute prohibiting anti-competitive behaviour. It introduces two main prohibitions: the Chapter I prohibition against agreements that prevent, restrict, or distort competition, and the Chapter II prohibition against the abuse of a dominant market position. The Act is modelled closely on Articles 101 and 102 of the Treaty on the Functioning of the European Union.
Who enforces the Competition Act 1998 and what penalties can they impose?
The Competition and Markets Authority (CMA) enforces the Act and has the power to investigate infringements. If an undertaking intentionally or negligently commits an infringement of the Chapter I or Chapter II prohibition, the CMA may require it to pay a penalty of up to 10% of its worldwide turnover. The CMA replaced the Office of Fair Trading and Competition Commission following the Enterprise and Regulatory Reform Act 2013.
Are there any exemptions for agreements that might restrict competition?
An agreement is exempt from the Chapter I prohibition if it contributes to improving production or distribution, or to promoting technical or economic progress. Crucially, the agreement must allow consumers a fair share of the resulting benefit. Additionally, the Secretary of State may grant block exemptions for certain types of agreements under specific sections of the Act.
Can I claim compensation if I have been harmed by anti-competitive practices?
Yes, individuals or businesses harmed by anti-competitive behaviour may seek damages through private actions. These claims are brought before the Competition Appeal Tribunal. The Act also includes a leniency regime that incentivises cartel members to self-report their involvement in exchange for reduced penalties.
What does the Chapter II prohibition cover regarding dominant market positions?
The Chapter II prohibition makes it illegal for one or more undertakings to abuse a dominant position in a market. This conduct is prohibited if it may affect trade within the UK. The CMA can investigate such behaviour and impose fines of up to 10% of the undertaking's worldwide turnover if an infringement is found.

Related Content