Guidance

How small businesses can comply with competition law: OFT1330

Information for owners and directors of small businesses on how to comply with competition law.

Documents

Quick Guide to competition law compliance

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Four-step process to competition law compliance

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Details

This guidance was originally published by the Office of Fair Trading (OFT) and has been adopted by the CMA Board.

The International Chamber of Commerce has also published a guide to help small and medium-sized businesses understand competition law. This sets out why they think complying with competition law makes good business sense.

Please also note:

  • all references to issues of legal assessment and procedure in investigations under the Competition Act 1998 (CA98) must be read in the light of Competition Act 1998: Guidance on the CMA’s investigation procedures in Competition Act 1998 cases (CMA8); in the case of conflict, CMA8 prevails
  • this guidance relates to agreements made on or after 1 April 2014 and which relate to arrangements made or to be made on or after that date. It sets out how the Code for Crown Prosecutors (‘the Code’) will be applied in such cases. The un-amended criminal cartel offence under EA02 will still apply to agreements made before 1 April 2014 or which relate to arrangements made or to be made before that date
  • the Enterprise and Regulatory Reform Act 2013 (ERRA13) removes dishonesty as an element of the cartel offence for agreements entered into on or after 1 April 2014 and which relate to arrangements made or to be made on or after that date. Dishonesty remains as an element of the offence for agreements made before 1 April or which relate to arrangements made or to be made before that date. The ERRA13 also introduces statutory exclusions and defences to the offence. Please refer to Cartel Offence Prosecution Guidance (CMA9) for further information.
  • references to articles of the EC Treaty should be read as referring to the equivalent articles of the Treaty on the Functioning of the European Union
Published 12 March 2014
Last updated 28 April 2014 + show all updates
  1. Quick guide PDF replaced, along with addition of new Four step process to complying PDF. Also, caveat text has been amended.
  2. First published.