Rezumat
The Enterprise Act 2002 reformed UK competition and consumer law, establishing the merger control and market investigation regimes, and introducing a criminal cartel offence. It created the framework under which the Competition and Markets Authority now operates, including powers to conduct market studies and make market investigation references. The Act also significantly reformed corporate insolvency by restricting the use of administrative receivership and promoting the rescue culture.
Puncte cheie
- Established the Office of Fair Trading (now CMA) as the UK's primary competition authority (Part 1)
- Introduced a criminal offence of dishonest participation in cartels (s.188)
- Created a merger control regime based on 'substantial lessening of competition' test (Part 3)
- Market investigation references allow the CMA to investigate entire markets (Part 4)
- Super-complaints by designated consumer bodies (s.11)
- Reformed corporate insolvency — restricted administrative receivership (Part 10)
- Introduced Enterprise Act regime for disqualification of directors involved in competition breaches
- Established the merger control regime with CMA as decision-maker
- Criminal cartel offence: individuals face up to 5 years' imprisonment (s.188)
- Market investigation references to the CMA for features of markets preventing competition
- Super-complaints by designated consumer bodies
- Reformed corporate insolvency: abolished administrative receivership for most companies
Părți și secțiuni
Istoricul amendamentelor
2013 — Enterprise and Regulatory Reform Act 2013
Removed the dishonesty element from the cartel offence, replacing it with secrecy-based criteria, and merged OFT and Competition Commission into the CMA.
2013 — Enterprise and Regulatory Reform Act 2013
Merged the OFT and Competition Commission into the CMA. Removed the dishonesty requirement from the cartel offence.