The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025: government consultation response
Updated 1 December 2025
© Crown copyright 2025
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/consultations/draft-amendment-to-the-competition-act-1998-public-transport-ticketing-schemes-block-exemption-order-2001/outcome/the-competition-act-1998-public-transport-ticketing-schemes-block-exemption-amendment-order-2025-government-consultation-response
Introduction
Government recently launched a technical consultation on the drafting of The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025 (the “Order”). This order will give effect to the recommendation by the Competition and Markets Authority (CMA) to vary the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 (PTTSBE).
The PTTSBE exempts agreements establishing specific ticketing schemes between public transport operators from certain aspects of competition law insofar they meet conditions in the PTTSBE. In line with the recommendation, the block exemption will continue but is varied such that:
(i) it no longer has an expiration date (ii) the definition of ‘connecting service’ in the PTTSBE is amended to clarify that it includes ‘trunk’ bus services.
Since the consultation a further amendment has been introduced to the order, which now also omits the definition of “working day” in Article 3 of the PTTSBE. This amendment is incidental or supplemental and is intended to ensure that the definition of “working day” for the purposes of the PTTSBE is consistent with that in section 59(1) of the Competition Act 1998.
The PTTSBE ensures that businesses are not prevented or disincentivised from entering into agreements that the CMA considered to be overall beneficial and not anticompetitive.
Technical consultation
The Department for Business and Trade (DBT) launched a technical consultation on the legal drafting of the draft order from 14 July 2025 to 25 August 2025 and sought views on the draft order to make sure it delivers the policy correctly and effectively. DBT expresses its appreciation for the 4 responses received.
Respondents welcomed the amendments to the PTTSBE and the opportunity to provide comments on the draft order. All respondents were content that the draft order achieved the intended outcome, with one proposing additional improvements to the associated CMA guidance. Having carefully considered all returns, we have shared concerns surrounding guidance with the CMA who intend to take this into consideration when drafting accompanying CMA guidance.
This response does not comment on issues of policy reviewed by and addressed by the CMA’s recommendation, which has been accepted in full by the Secretary of State.
Next steps
Following this consultation, DBT is proceeding with The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) (Amendment) Order 2025. The final order is broadly the same as the draft that was consulted on except for some minor amendments. In particular the order now omits the definition of “working day” in the PTTSBE to ensure it is consistent with that in section 59(1) of CA98.