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Additional resources for Competition Law Compliance 2008
The OFT’s view is that any ‘tenders submitted as a result of joint activities are likely to have an appreciable effect on competition’. In practice, joint tendering arrangements should always be checked by competition lawyers and no long-term arrangements should be entered into. There is guidance on horizontal restraints in the EU guidance on Horizontal agreements. In addition be aware of the provisions of the Enterprise Act 2002 which prohibit bid rigging. PUBLIC PROCUREMENT RULES In the context of joint tendering, it is sensible to also mention here that compliance with the EU public procurement rules will not necessarily ensure compliance with the Competition Act 1998 or EU competition law.
OFT’s guidance as to the appropriate amount of a penalty (OFT423) Sets out the basis on which the OFT calculates financial penalties for infringements of Article 81, Article 82, the Chapter I and/or Chapter II prohibition, and the requirements for the grant of lenient treatment by the OFT. Application in the energy sector (OFT428) Published with Ofgem. This guideline provides general advice and information about the application and enforcement by Ofgem. Application to services relating to railways (OFT430) An Office of the Rail Regulator publication.
Every UK business is subject to the Competition Act 1998 and many of those buying or selling businesses or enjoying large market shares will need to consider the Fair Trading Act 1973. EU competition law EU competition law as it applies to agreements is contained in Article 81 of the Treaty of Rome. Article 81 prohibits anti-competitive agreements which affect trade between EU member states. Guidance notes The Office of Fair Trading is in charge of competition law in the UK. uk including all relevant legislation relating to the Competition Act 1998.