Enforcement Regulations
The 1996 Regulations governing the investigation and enforcement of EC competition law in its application to civil aviation and tramp shipping with third countries have now been revoked and replaced with new regulations, entitled the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 (S.I.2001/2916).
These new regulations came into force on 17 August 2001 and are available from Her Majesty's Stationery Office.
The most significant change is the removal of Ministers from decision making under the regulations. The new regulations set out procedures which essentially mirror the procedures in the Competition Act 1998 with the Director General of Fair Trading having the final decision making role, subject to appeal to the Competition Commission Appeals Tribunal.
The 1998 Act continues to apply domestic competition law to these sectors. The new regulations do not provide that an exemption granted under the Regulations will also serve as an exemption under the 1998 Act. DTI also intends to make a provision to this effect in a separate SI under Section 11 of the 1998 Act.
The new S.I, like its predecessor, does not provide for fines. However, as domestic law continues to apply fines may be imposed under the 1998 Act.
For further information on the operation of the new regulations, please consult the Office of Fair Trading.