The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant market position.
One of the main purposes of this act was to harmonise the UK with EU competition policy, with Chapter I and II of the act mirroring the content of Articles 81 and 82 of the Treaty of Amsterdam (formally Articles 85 and 86 of the Treaty of Rome).
Exemptions from prohibition are available if the firm can demonstrate that these practices are in the interest of the consumer through increasing market efficiencies or advancing technical progress.
In investigating alleged breaches of Chapter II a two-stage process is involved.
An example of the effects of the act is that in 2004, public schools were investigated for fee-fixing by the Office of Fair Trading, and in 2005 fifty of the leading schools (including Ampleforth, Eton, Charterhouse, Gresham's, Harrow, Haileybury, Marlborough, Rugby, Sevenoaks, Shrewsbury, Stowe, Wellington and Winchester) were ordered to raise £3 million between them to be spent on charities nominated by the pupils of the schools involved in the years 2001–2003, and were banned from further sharing of information on their external fees.