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The Competition Act 1998 (Commencement No. 4) Order 1999 No. 2859

United Kingdom
31/10/1999
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This order, in force 10 November 1999, deals with "carve-outs" under the FTA monopoly provisions for matters subject to the RTPA, to take account of the fact that the RTPA will be repealed but the FTA monopoly provisions will remain in force post March 2000. It therefore repeals sections 10(2) and 54(5) FTA, which provide that, on a monopoly reference to the Competition Commission, the Commission may not take any account of provisions of an agreement in so far as they are provisions by virtue of which it is an agreement to which the Restrictive Trade Practices Act 1976 applies, and may not find that such provisions operate or may be expected to operate against the public interest. It also brings into force the repeal of paragraphs 3(1) and (2) of Schedule 8 of the Fair Trading Act 1973. These sub-paragraphs preclude any order made by the Secretary of State which makes agreements, or their carrying out, unlawful, from extending to agreements to which the 1976 Restrictive Trade Practices Act applies. It also brings into force paragraphs 40 and 41 of Schedule 13 which make transitional provisions in respect of the repeals commenced by this order.

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