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36-600: The Competition Commission was a non-departmental public body responsible for investigating mergers , markets and other enquiries related to regulated industries under competition law in the United Kingdom. It was a competition regulator under the Department for Business, Innovation and Skills (BIS). It was tasked with ensuring healthy competition between companies in the UK for the ultimate benefit of consumers and

72-601: A Restrictive Practices Court and a registrar of restrictive trading agreements. The commission was again reconstituted, and its powers extended, by the Monopolies and Mergers Act 1965 . In 1969 oversight of the Commission passed to the Department of Employment and Productivity , and in 1970 to the Department of Trade and Industry . Under the Fair Trading Act 1973 the Commission became, from 1 November 1973,

108-505: A company to sell off part of its business or take other steps to improve competition. The Enterprise Act 2002 enabled the OFT (and the sector regulators) to investigate markets and, if they were concerned that there may be competition problems, to refer those markets to the CC for in-depth investigation. In market investigations the CC had to decide whether any feature or combination of features in

144-522: A market prevents, restricts or distorts competition, thus constituting an adverse effect on competition (AEC). Before finding out what percentage firms take up, the CC has to 'define the market'. This is when they have to find out which products are in which industries so they know what percentage to do. If the CC concluded that this was the case, it was required to seek to remedy the problems that it identified either by introducing remedies itself or by recommending action by others. Undertakings or orders are

180-423: A maximum prison sentence of 5 years and states that level of competition in a market should be the basis for investigation. The Act had five major competition policy objectives; Make all competition decisions through independent bodies, root out forms of anti-competitive behaviour, create a strong deterrent effect, to redress injured parties in distortions of competition and raise the profile of competition policy in

216-622: A period of between 2 and 3 years, but now the majority of bankruptcies will be discharged after only 12 months. The law was changed to give those with genuine cases of financial hardship the opportunity to be free of their indebtedness. For those who have tried, unsuccessfully, to resolve their financial difficulties, the new laws allow them to petition for their own bankruptcy and start again. Additional changes also mean that there are harsher restrictions for those who have previously been made bankrupt and those who have been through criminal bankruptcy. Individuals previously an undischarged bankrupt during

252-567: A result of an appeal from a decision of one of the sector regulators. Under the Enterprise Act 2002 (the Enterprise Act), the OFT could review mergers to investigate whether there was a realistic prospect that they would lead to a substantial lessening of competition (SLC), unless it obtained undertakings from the merging parties to address its concerns or the market was of insufficient importance. To qualify for investigation by

288-543: A small secretariat from the parent department, and any expenditure is paid for by that department. These bodies usually deliver a particular public service and are overseen by a board rather than ministers. Appointments are made by ministers following the Code of Practice of the Commissioner for Public Appointments . They employ their own staff and allocate their own budgets. These bodies have jurisdiction over an area of

324-609: Is responsible for their costs and has to note all expenses. NDPB differ from executive agencies as they are not created to carry out ministerial orders or policy, instead they are more or less self-determining and enjoy greater independence. They are also not directly part of government like a non-ministerial government department being at a remove from both ministers and any elected assembly or parliament. Typically an NDPB would be established under statute and be accountable to Parliament rather than to His Majesty's Government . This arrangement allows more financial independence since

360-584: The European System of Accounts (ESA.95). However, Statistics UK does not break out the detail for these bodies and they are consolidated into General Government (S.1311). Enterprise Act 2002 The Enterprise Act 2002 (c. 40) is an act of the Parliament of the United Kingdom which made major changes to UK competition law with respect to mergers and also changed the law governing insolvency bankruptcy . It made cartels illegal with

396-726: The Legal Services Act 2007 . The CC had an appeal function following decisions by the Gas and Electricity Markets Authority to modify certain energy codes under the Energy Act 2004 and in relation to price control decisions by Ofcom , following a reference by the Competition Appeal Tribunal (CAT) under the Communications Act 2003 . Non-departmental public body The term includes

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432-667: The Office of Fair Trading . The Monopolies and Restrictive Practices Commission was set up on 1 January 1949, in response to the recommendations of several committees of inquiry into restrictive commercial activity. It was established under the Monopolies and Restrictive Practices (Inquiry and Control) Act 1948 . It was reconstituted as the Monopolies Commission on 31 October 1956 by the Restrictive Trade Practices Act 1955 , which also set up

468-616: The law . They are coordinated by His Majesty's Courts and Tribunals Service , an executive agency of the Ministry of Justice , and supervised by the Administrative Justice and Tribunals Council , itself an NDPB sponsored by the Ministry of Justice. These bodies were formerly known as "boards of visitors" and are responsible for the state of prisons, their administration, and the treatment of prisoners. The Home Office

504-437: The 15 years before the current bankruptcy (unless the previous bankruptcy was annulled) were automatically discharged on 1 April 2009. A bankrupt may ask the court for a discharge 5 years after the date of the bankruptcy order, but the court can refuse or delay the discharge, or grant it conditionally on terms requiring some payments to be made out of the individual'a income. A person can become free from bankruptcy immediately if

540-407: The CC. In relation to regulatory references, the CC's role was dictated by the relevant sector-specific legislation. Companies regulated under the gas, electricity, water and sewerage, postal services, railways or airports legislation generally had a formal instrument (a licence) setting out the terms of their operation. If a regulated company did not agree to a modification of its licence proposed by

576-567: The Director General of Fair Trading (DGFT) was also abolished and his powers given to the OFT, this was seen as an attempt to depersonalize the competition investigation process. The Minister of Trade and Industry in the past played a large role in competition policy, having final say over whether a particular merger was in the public interest. Under the new Act his role was significantly diminished in order to de-politicize competition regulation which had been accused of being inconsistent in

612-507: The Labour government in office from 1997 to 2010, though the political controversy associated with NDPBs in the mid-1990s for the most part died away. In 2010 the UK's Conservative-Liberal coalition published a review of NDPBs recommending closure or merger of nearly two hundred bodies, and the transfer of others to the private sector. This process was colloquially termed the "bonfire of the quangos". NDPBs are classified under code S.13112 of

648-665: The Monopolies and Mergers Commission, with wider powers to deal with references either from the Office of Fair Trading or from the Department of Trade and Industry. On 1 April 1999, as a result of the Competition Act 1998 , it became the Competition Commission. The Competition Commission (CC) was an independent public body which conducts in-depth inquiries into mergers, markets and the regulation of

684-456: The OFT, a merger needed to meet all three of the following criteria: In exceptional cases where public interest issues are raised, the Secretary of State could also refer mergers to the CC. Where an inquiry was referred to the CC for in-depth investigation, the CC had wide-ranging powers to remedy any competition concerns, including preventing a merger from going ahead. It could also require

720-561: The Official Receiver's staff have little experience or training in the litigation involved) must deal with the debtor's main residence. There is no time limit for dealing with other assets or properties. If the Official Receiver fails to realize the property during this time, the property will revest in the (ex-)bankrupt. If it is believed that the debtor has brought about the bankruptcy through its own irresponsible or imprudent conduct, there are now more severe consequences. If this

756-594: The UK Government. This total included 198 executive NDPBs, 410 advisory bodies, 33 tribunals, 21 public corporations, the Bank of England , 2 public broadcasting authorities and 23 NHS bodies. However, the classification is conservative and does not include bodies that are the responsibility of devolved government , various lower tier boards (including a considerable number within the NHS), and also other boards operating in

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792-572: The UK. The act made the Office of Fair Trading formally independent from government, and gave it additional powers. It is now possible for searches to be carried out under warrant from this act of business premises involved with potentially prohibitable mergers. The act also established the Commission Appeals Tribunal (CAT) for companies to appeal against decisions by the Competition Commission . The role of

828-417: The court annuls (cancels) the bankruptcy order, which normally happens when the debts (including any fees and expenses of the bankruptcy proceedings) have been paid in full or if the bankruptcy order was made in error. Alternatively, if a person has failed to carry out their responsibilities under the bankruptcy proceedings, the Official Receiver may apply to the court to delay the discharge from bankruptcy. If

864-818: The court is in agreement, the bankruptcy order cannot end unless the suspension has been lifted and the time remaining on the bankruptcy period has run out. There is now a limit of 3 years (either from the date of the Bankruptcy Order or from when the Official Receiver/Trustee first became aware of the Bankrupt's interest in the property), during which the Trustee in Bankruptcy (this may be the Official Receiver but far more likely to be an Insolvency Practitioner, normally an accountant, since

900-586: The creation of a "public appointments commissioner" to make sure that appropriate standards were met in the appointment of members of NDPBs. The Government accepted the recommendation, and the Office of the Commissioner for Public Appointments was established in November 1995. While in opposition, the Labour Party promised to reduce the number and power of NDPBs. The use of NDPBs continued under

936-508: The economy. The Competition Commission replaced the Monopolies and Mergers Commission on 1 April 1999. It was created by the Competition Act 1998 , although the majority of its powers were governed by the Enterprise Act 2002 . The Enterprise Act 2002 gave the Competition Commission wider powers and greater independence than the MMC had previously, so that it could make decisions on inquiries rather than giving recommendations to Government, and

972-419: The four types of NDPB (executive, advisory, tribunal, and independent monitoring boards) but excludes public corporations and public broadcasters ( BBC , Channel 4 , and S4C ). The UK Government classifies bodies into four main types. The Scottish Government also has a fifth category: NHS bodies . These bodies consist of boards which advise ministers on particular policy areas. They are often supported by

1008-490: The government is obliged to provide funding to meet statutory obligations. NDPBs are sometimes referred to as quangos . However, this term originally referred to quasi-NGOs bodies that are, at least ostensibly, non-government organisations , but nonetheless perform governmental functions. The backronym "quasi-autonomous national government organization" is used in this usage which is normally pejorative. In March 2009 there were nearly 800 public bodies that were sponsored by

1044-524: The major regulated industries, ensuring healthy competition between companies in the UK for the benefit of companies, customers and the economy. All of the CC's inquiries were undertaken following a reference made by another authority, most often the Office of Fair Trading (OFT) (which referred merger and market inquiries), or one of the sector regulators (which could refer markets within their sectoral jurisdictions or make regulatory references in relation to price controls and other licence modifications) or as

1080-483: The past. He now only has powers to intervene if the proposed merger will affect the media to the detriment of the public, national security or if one of the firms is a government contractor. On the deterrence side of the act, jail terms of a maximum of five years for directors was introduced in order to increase deterrence for forming cartels. The competition commission also had its scope widened to cover investigations of whole industries, not just specific firm, for example

1116-459: The primary means by which remedies were given effect under the Enterprise Act 2002 and the Fair Trading Act 1973 . The OFT had the statutory duty to keep these undertakings or orders under review and if it considered that due to a change of circumstances a set of undertakings or an order should be varied or terminated, then the OFT referred it for consideration by the CC. Responsibility for deciding on variation or termination of undertakings lay with

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1152-611: The public sector (e.g. school governors and police authorities). These appointed bodies performed a large variety of tasks, for example health trusts , or the Welsh Development Agency , and by 1992 were responsible for some 25% of all government expenditure in the UK. According to the Cabinet Office their total expenditure for the financial year 2005–06 was £167 billion. As of March 2020, there were 237 non-departmental public bodies. Critics argued that

1188-497: The regulator, the regulator was required to refer the question to the CC. The CC then considered whether any matter referred to in the reference could be expected to operate against the public interest and, if so, whether it could be remedied by modifications to the licence. These references could involve the price control applied to the company. The CC also had roles under the Financial Services and Markets Act 2000 and

1224-538: The supermarket industry. The Enterprise Act made substantial amendments to the administration procedures for failing companies. The purpose was to enhance the policy of creating a "rescue culture", so that insolvent companies so far as possible should be saved, before their assets are stripped and distributed to creditors. Since 1 April 2004, there have been considerable changes to the laws concerning bankruptcy in England . Previously, bankruptcy would typically last for

1260-683: The system was open to abuse as most NDPBs had their members directly appointed by government ministers without an election or consultation with the people. The press , critical of what was perceived as the Conservatives' complacency in power in the 1990s, presented much material interpreted as evidence of questionable government practices. This concern led to the formation of a Committee on Standards in Public Life (the Nolan Committee) which first reported in 1995 and recommended

1296-539: Was also responsible for taking appropriate actions and measures (known as remedies) following inquiries which had identified competition problems. The Government was still able to intervene on mergers that involve a specified public interest criterion such as media plurality, national security and financial stability. On 1 April 2014, the Competition Commission was replaced by the Competition and Markets Authority (CMA), which also took over several responsibilities of

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