ABSTRACT

Both UK and European competition laws may be relevant. Several questions need to be answered to identify which (if any) competition laws may affect business manager's agreement. Where the agreement affects trade will determine whether UK and/or European Union (EU) competition law applies to it. The Restrictive Trade Practices Act 1976 (RTPA) required details of certain agreements to be given to the Office of Fair Trading (OFT) within a specified time limit. If the agreement affects trade in any part of the UK, then the Competition Act 1998 may be relevant to it. The Competition Act 1998 contains two main prohibitions. The Chapter I prohibition prohibits anti competitive agreements. The Chapter II prohibition prohibits the abuse of a dominant position. These concepts are based on EU competition law. The Competition Act is enforced by the OFT, which is headed by the Director General of Fair Trading.