204 Disqualification
Enterprise Act 2002 (2002 c 40) | Legislation

Directors disqualification

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(1)     The Company Directors Disqualification Act 1986 (c 46) is amended as follows.

(2)     The following sections are inserted after section 9 (matters for determining unfitness in certain cases)—

“Disqualification for competition infringements
9A Competition disqualification order

(1)     The court must make a disqualification order against a person if the following two conditions are satisfied in relation to him.

(2)     The first condition is that an undertaking which is a company of which he is a director commits a breach of competition law.

(3)     The second condition is that the court considers that his conduct as a director makes him unfit to be concerned in the management of a company.

(4)     An undertaking commits a breach of competition law if it engages in conduct which infringes any of the following—

(a)     the Chapter 1 prohibition (within the meaning of the Competition Act 1998) (prohibition on agreements, etc preventing, restricting or distorting competition);

(b)     the Chapter 2 prohibition (within the meaning of that Act) (prohibition on abuse of a dominant position);

(c)     Article 81 of the Treaty establishing the European Community (prohibition on agreements, etc preventing, restricting or distorting competition);

(d)     Article 82 of that Treaty

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