Enterprise Act 2002

• (c) the CMA has not informed the persons carrying on the enterprises concerned of a decision that the duty to make a reference under section 22(1) or 33(1) does not apply in respect of those arrangements.

• (2) The persons carrying on the enterprises concerned may make a fast-track reference request to the CMA at any time before the end of the initial period (whether or not that period has begun).

• (3) In this section and in sections 34ZE and 34ZF, “fast-track reference request” means a request that the CMA makes a reference under section 22(1A) or 33(1A) in relation to the arrangements concerned.

34ZE

• (1) This section applies where a fast-track reference request is made and not withdrawn.

• (2) Where the fast-track reference request is made before the beginning of the initial period, the CMA may, at any time before the beginning of that period, reject the request.

• (3) Where the CMA has not rejected the fast-track reference request in accordance with subsection (2), the CMA must, within the decision period, decide whether to accept the request in accordance with section 34ZF or reject the request.

• (4) Where the CMA accepts or rejects a fast-track reference request, the CMA must notify the persons carrying on the enterprises concerned that the request has been accepted or rejected.

• (5) In this section—

• “decision period” means, in relation to the arrangements concerned— in a case where the initial period has not begun, that period, or in a case where the initial period has begun, the period beginning with the day on which the fast-track reference request is made and ending at the end of the initial period;

• “initial period” has the meaning given by section 34ZA(3).

34ZF

• (1) The CMA may accept a fast-track reference request only if the condition in subsection (2) or (3) is met.

• (2) The condition in this subsection is that, in relation to the arrangements concerned—

• (a) the CMA believes that it is or may be the case that a relevant merger situation has been created, and

• (b) the CMA would not be prevented from making a reference under section 22(1) by reason of section 22(3).

• (3) The condition in this subsection is that, in relation to the arrangements concerned—

• (a) the CMA believes that it is or may be the case that, if carried into effect, the arrangements will result in the creation of a relevant merger situation, and

• (b) the CMA would not be prevented from making a reference under section 33(1) by reason of section 33(3).

• (4) In deciding whether to accept a fast-track reference request under subsection (2) or (3), the CMA must have regard, in particular, to—

• (a) whether the arrangements concerned raise any consideration specified in section 58;

• (b) whether a special intervention notice (see section 59(2)) is in force in relation to the arrangements.

• (5) Where the CMA decides to accept a fast-track reference request the duties to make references under sections 22(1) and 33(1) do not apply, and accordingly the CMA may not make any reference under those provisions in respect of the arrangements concerned (but see the duties under sections 22(1A) and 33(1A)).

116A

• (1) A person (“P”) commits an offence if the person intentionally alters, suppresses or destroys any document which P has been required to produce by a notice under section 109.

• (2) But P does not commit an offence under subsection (1) by reason of any act or omission if the CMA has proceeded against P under section 110(1) or (1A) in relation to that act or omission.

• (3) A person who commits an offence under subsection (1) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (4) In this section—

• (a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form;

• (b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

Associated persons

Contents of references

Questions to be decided on market investigation references

Section 139(1) intervention notices: Secretary of State's duty to refer

...

154A

• (1) This section applies where—

• (a) no market study notice has been published under section 130A but the CMA considers that it has the power to make a market investigation reference under section 131 and (subject to taking action under this section) intends to make such a reference,

• (b) a market study notice has been published under section 130A but no market investigation reference has been made under section 131, or

• (c) a market investigation reference has been made under section 131 or 132 but no report under section 136 has been published.

• (2) The CMA may accept, from such persons as it considers appropriate, undertakings to take such action as it considers appropriate for the purposes of remedying, mitigating or preventing (to any extent)—

• (a) any adverse effect on competition concerned, or

• (b) any detrimental effect on customers so far as—

• (i) it has resulted from the adverse effect on competition, or

• (ii) it may be expected to result from the adverse effect on competition.

• (3) An undertaking under this section is known as—

• (a) an “undertaking in lieu of a reference” where it is accepted in circumstances where this section applies by virtue of subsection (1)(a) or (b);

• (b) an “undertaking in lieu of a report” where it is accepted in circumstances where this section applies by virtue of subsection (1)(c).

• (4) The CMA may accept—

• (a) undertakings in lieu of a reference either—

• (i) instead of making a reference under section 131 (in which case the undertakings are known as “undertakings fully in lieu of a reference”), or

• (ii) in addition to making a reference under that section (in which case the undertakings are known as “undertakings partially in lieu of a reference”);

• (b) undertakings in lieu of a report either—

• (i) instead of publishing a report under section 136 (in which case the undertakings are known as “undertakings fully in lieu of a report”), or

• (ii) in addition to publishing a report under that section (in which case the undertakings are known as “undertakings partially in lieu of a report”).

• (5) In accepting undertakings fully in lieu of a reference or undertakings fully in lieu of a report, the CMA must, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to—

• (a) the adverse effect on competition concerned, and

• (b) any detrimental effects on customers so far as resulting from the adverse effect on competition.

• (6) In accepting an undertaking under this section, the CMA may, in particular, have regard to the effect of any action on any relevant customer benefits of the feature or features of the market or markets concerned.

• (7) Where no detrimental effect on customers has yet resulted from an adverse effect on competition, the CMA may not accept an undertaking under this section to remedy, mitigate or prevent a detrimental effect on customers so far as it may be expected to result from that adverse effect on competition unless the adverse effect on competition is also being remedied, mitigated or prevented (whether or not by the same undertaking).

• (8) An undertaking under this section—

• (a) comes into force when accepted;

• (b) may be varied or superseded by another undertaking;

• (c) may be released by the CMA.

• (9) The CMA must, as soon as reasonably practicable, consider any representations received by it in relation to varying or releasing an undertaking under this section.

• (10) This section is subject to sections 150 and 155.

Interim undertakings and orders

Final undertakings and orders

161A

• (1) The relevant authority may not accept an enforcement undertaking from a person unless it has provided the person with information about the possible consequences of failing to comply with the undertaking.

• (2) In subsection (1), “the relevant authority” means—

• (a) in the case of a restricted PI reference or a full PI reference, the Secretary of State;

• (b) in any other case, the CMA.

162A

• (1) The CMA must keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part.

• (2) The CMA must, whenever requested to do so by the Secretary of State and otherwise from time to time, prepare a report of its findings under subsection (1).

• (3) The CMA must—

• (a) give a copy of any report prepared by it under subsection (2) to the Secretary of State, and

• (b) publish the report.

• (4) Subsection (5) applies, in relation to an adverse effect on competition identified in a report mentioned in section 138(1), where—

• (a) the report was published within the previous 10 years,

• (b) the CMA last took action in accordance with section 138(2) or subsection (5) of this section no less than two years ago, and

• (c) the CMA concludes, as a result of a review under subsection (1), that the action mentioned in paragraph (b) has been ineffective for the purposes mentioned in that section.

• (5) The CMA must take such action as it considers appropriate for the purposes mentioned in section 138(2) in relation to—

• (a) any possible variation or release by the CMA of an enforcement undertaking accepted by it;

• (b) any possible new enforcement undertaking to be accepted by the CMA so as to supersede another enforcement undertaking given to it;

• (c) any possible variation or revocation by the CMA of an enforcement order made by it;

• (d) any possible enforcement undertaking to be accepted by the CMA instead of an enforcement order made by it, or any possible enforcement order to be made by the CMA instead of an enforcement undertaking accepted by it.

• (6) Where the CMA decides to take action under subsection (5), the CMA must take the action within the period of six months beginning with the date on which that decision is published under section 172(2)(h).

• (7) Subsection (8) applies, in relation to an adverse effect on competition or an effect adverse to the public interest identified in a report mentioned in section 146(1) or 146A(1) (as the case may be), where—

• (a) the report was laid before each House of Parliament in accordance with section 172(10) within the previous 10 years,

• (b) the Secretary of State last took action in accordance with section 142(2) or 147A(2) (as the case may be) no less than two years ago, and

• (c) the CMA concludes, as a result of a review under subsection (1), that action taken in accordance with that section has been ineffective for the purposes mentioned in that section.

• (8) The CMA must give the Secretary of State such advice as it considers appropriate for the purposes mentioned in section 147(2) or 147A(2) (as the case may be) in relation to—

• (a) any possible variation or release by the Secretary of State of an enforcement undertaking accepted by the Secretary of State;

• (b) any possible new enforcement undertaking to be accepted by the Secretary of State under that section so as to supersede another enforcement undertaking given to the Secretary of State;

• (c) any possible variation or revocation by the Secretary of State of an enforcement order made by the Secretary of State;

• (d) any possible enforcement undertaking to be accepted by the Secretary of State instead of an enforcement order, or any possible enforcement order to be made by the Secretary of State instead of an enforcement undertaking accepted under that section.

162B

• (1) This section applies in relation to implementation trial measures imposed in accordance with section 161C.

• (2) The CMA must keep under review the effectiveness of the implementation trial measures.

• (3) The CMA must, in particular, from time to time consider—

• (a) whether an implementation trial measure has been or is being complied with;

• (b) whether an undertaking accepted under section 161C is no longer appropriate and—

• (i) one or more of the parties to it can be released from it; or

• (ii) it needs to be varied or to be superseded by a new undertaking under that section; and

• (c) whether an order made under section 161C is no longer appropriate and needs to be varied or revoked.

• (4) The CMA must, within the implementation trial period, give the Secretary of State such advice as it considers appropriate in relation to—

• (a) any possible variation or release by the Secretary of State of an undertaking accepted by the Secretary of State under section 161C;

• (b) any possible new undertaking to be accepted by the Secretary of State under that section so as to supersede another undertaking given to the Secretary of State under that section;

• (c) any possible variation or revocation by the Secretary of State of an order made by the Secretary of State under that section;

• (d) any possible undertaking to be accepted by the Secretary of State under that section instead of an order made under that section, or any possible order to be made by the Secretary of State under that section instead of an undertaking accepted under that section.

• (5) The relevant authority must, within the implementation trial period, take such action as it considers appropriate in relation to—

• (a) any possible variation or release by the relevant authority of an undertaking accepted by it under section 161C;

• (b) any possible new undertaking to be accepted by the relevant authority under that section so as to supersede another undertaking given to it under that section;

• (c) any possible variation or revocation by the relevant authority of an order made by it under that section;

• (d) any possible undertaking to be accepted by the relevant authority under that section instead of an order made under that section, or any possible order to be made by the relevant authority under that section instead of an undertaking accepted under that section.

• (6) But the relevant authority may not do anything under this section that would result in—

• (a) the implementation trial period being extended;

• (b) an order or undertaking made under section 161C being out of compliance with any provision of that section.

• (7) In this section “relevant authority” has the meaning given by section 161B(2).

• (8) Subsections (3), (5) and (6) of section 138 apply to action taken by the CMA under this section as those subsections apply to action taken by the CMA under section 138(2).

• (9) Subsections (3)(b), (5) and (6) of section 147 apply to action taken by the Secretary of State under this section in respect of a restricted PI reference as those subsections apply to action taken by the Secretary of State under section 147(2).

• (10) Subsection (3) of section 147A applies to action taken by the Secretary of State under this section in respect of a full PI reference as that subsection applies to action taken by the Secretary of State under section 147A(2).

Enforcement undertakings and orders under this Part: general provisions

174ZA

• (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5).

• (2) The power is exercisable so as to—

• (a) give the notice to a person who is outside the United Kingdom (subject to subsection (3));

• (b) require the production of documents, or the supply of information, held outside the United Kingdom.

• (3) The CMA’s power to give a notice under section 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if the person—

• (a) is a United Kingdom national;

• (b) is an individual who is habitually resident in the United Kingdom;

• (c) is a body incorporated under the law of any part of the United Kingdom;

• (d) carries on business in the United Kingdom.

• (4) In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)).

• (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.

Online interface orders

21B

Tribunal rules may make provision in relation to the grant of declarations or declarators (including interim declarations or interim declarators) in proceedings under section 47A or 47B of the 1998 Act.

5A

Chapter 1 has effect as if sections 34ZD to 34ZF (fast-track reference requests) were omitted.

7A

Section 39 (time-limits for investigations and reports) has effect as if subsection (3A) were omitted.

Joint interests

Shares held by nominees

Arrangements

Rights exercisable only in certain circumstances etc

Rights attached to shares held by way of security

Airports Act 1986 (c. 31)

Statutory restrictions following reference under section 45 or 62

General restrictions on conduct

Airports Act 1986 (c. 31)

Electricity Act 1989 (c. 29)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Termination of undertakings and orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Neither old law nor new law to apply

Superannuation Act 1972 (c. 11)

Competition Act 1980 (c. 21)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Telecommunications Act 1984 (c. 12)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Companies Act 1989 (c. 40)

Broadcasting Act 1990 (c. 42)

Tribunals and Inquiries Act 1992 (c. 53)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1996 (c. 55)

Data Protection Act 1998 (c. 29)

Competition Act 1998 (c. 41)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

Disqualification from office: local government

Disqualification from office: general

Insolvency Services Account: interest

Interpretation

General

Interpretation

Joint arrangements

Calculating shareholdings

Shares held by nominees

Arrangements

Rights exercisable only in certain circumstances etc

Rights attached to shares held by way of security

Pre-emptive undertakings and orders

Statutory restrictions following reference under section 45 or 62

General restrictions on conduct

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Civil Aviation Act 1982 (c. 16)

Transport Act 2000 (c. 38)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1972 (c. 11)

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Civil Aviation Act 1982 (c. 16)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Electricity Act 1989 (c. 29)

Companies Act 1989 (c. 40)

Broadcasting Act 1990 (c. 42)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Osteopaths Act 1993 (c. 21)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Competition Act 1998 (c. 41)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1985 (c. 6)

Company Directors Disqualification Act 1986 (c. 46)

Coal Industry Act 1994 (c. 21)

Restrictive Practices Court Act 1976 (c. 33)

Estate Agents Act 1979 (c. 38)

Competition Act 1980 (c. 21)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Gas Act 1986 (c. 44)

Chiropractors Act 1994 (c. 17)

Terrorism Act 2000 (c. 11)

Promoting good consumer practice

Transfers of certain proceedings to and from Tribunal

Monetary claims

Findings of infringements

Time-limits and prior notice

Enterprises ceasing to be distinct enterprises

Turnover test

Obtaining control by stages

Information powers in relation to completed mergers

Duty to make references in relation to anticipated mergers

Supplementary provision in relation to anticipated mergers

Time-limits for decisions about references

Extension of time-limits

Sections 34ZA and 34ZB: supplementary

Fast-track reference requests

Fast-track reference requests: procedure

Acceptance by the CMA of fast-track reference requests

Duty of CMA where case referred by the European Commission

Power to request information in referred cases

Functions to be exercised by CMA groups

Questions to be decided in relation to completed mergers

Questions to be decided in relation to anticipated mergers

Cancellation and variation of references under section 22 or 33

Investigations and reports on references under section 22 or 33

Time-limits for investigations and reports

Section 39: supplementary

Duty to remedy effects of completed or anticipated mergers

Time-limit for discharging duty under section 41

Section 41A: supplementary

Intervention by Secretary of State in certain public interest cases

Intervention notices under section 42

Investigation and report by CMA

Additional investigation and report by OFCOM: media mergers

Power of Secretary of State to refer matter to CMA

References under section 45: supplementary

Cases referred by the European Commission where intervention notice is in force

Extension of preliminary assessment period

Power to request information in referred cases

Functions to be exercised by CMA groups

Questions to be decided on references under section 45

Cases where references or certain questions need not be decided

Variation of references under section 45

Investigations and reports on references under section 45

Time-limits for investigations and reports by CMA

Section 51: supplementary

Restrictions on action where public interest considerations not finalised

Decision of Secretary of State in public interest cases

Enforcement action by Secretary of State

Competition cases where intervention on public interest grounds ceases

Duties of CMA and OFCOM to inform Secretary of State

Specified considerations

Construction of consideration specified in section 58(2C)

Intervention by Secretary of State in special public interest cases

Construction of conditions in section 59(3C) and (3D)

Special intervention notices under section 59

Initial investigation and report by CMA

Additional investigation and report by OFCOM: certain media mergers

Power of Secretary of State to refer the matter

Functions to be exercised by CMA groups

Questions to be decided on references under section 62

Cancellation and variation of references under section 62

Investigations and reports on references under section 62

Decision and enforcement action by Secretary of State

Intervention to protect legitimate interests

Scheme for protecting legitimate interests

Relevant merger situations involving energy network mergers

Further duty to make references in relation to completed mergers

Further duty to make references in relation to anticipated mergers

Opinion of the Gas and Electricity Markets Authority

Combined references

Modification of this Part

Newspaper mergers

Water mergers

Intervention by the Secretary of State

Investigation and report by the CMA

Intervention to prevent foreign control of a newspaper enterprise

Other powers under this Part

Meaning of “foreign power”

Other interpretation

Regulations

Initial undertakings: completed mergers

Initial enforcement orders: completed or anticipated mergers

Undertakings in lieu of references under section 22(1), 33(1), 68B or 68C

Time-limits for consideration of undertakings

Section 73A: supplementary

Effect of undertakings under section 73

Order-making power where undertakings under section 73 not fulfilled etc.

Supplementary interim order-making power

Restrictions on certain dealings: completed mergers

Restrictions on certain share dealings: anticipated mergers

Sections 77 and 78: further interpretation provisions

Interim undertakings

Interim orders

Final undertakings

Order-making power where final undertakings not fulfilled

Final orders

Enforcement regime for public interest and special public interest cases

Delegated power of directions

Contents of certain enforcement orders

Acceptance and subject-matter of undertakings

Procedural requirements for certain undertakings and orders

Register of undertakings and orders

Duty of CMA to monitor undertakings and orders

Further role of CMA in relation to undertakings and orders

Rights to enforce undertakings and orders

Interim undertakings and orders under this Part: penalties

Enforcement of undertakings and orders: imposition of penalties

Penalties under section 94AA: amount

Statement of policy in relation to functions under sections 94 and 94AA

Rights to enforce statutory restrictions

Transferred EU merger commitments

Power of directions in connection with transferred EU merger commitments

Merger notices

Period for considering merger notices

Section 97: supplementary

Certain functions of CMA in relation to merger notices

Exceptions to protection given by merger notices

Merger notices: regulations

Power to modify sections 97 to 101

Duty of expedition in relation to references under section 45 or 62

Certain duties of relevant authorities to consult

Public consultation in relation to media mergers

General information duties of CMA

Advice and information about references under section 22, 33, 68B or 68C

Advice and information in relation to media mergers

General advisory functions of OFCOM

Further publicity requirements

Defamation

Attendance of witnesses and production of documents etc.

Transferred EU merger commitments: witnesses, documents etc

Enforcement of powers under section 109: imposition of penalties

Restriction on powers to impose penalties under section 110

Section 110A: supplementary provision

Penalties : amount

Penalties: main procedural requirements

Payments and interest by instalments

Appeals in relation to penalties

Recovery of penalties

Statement of policy

Intentional destruction etc of documents

False or misleading information

Excisions from reports

Minority reports of CMA

Other general functions of OFCOM in relation to this Part

Monitoring role for CMA in relation to media mergers

Review of decisions under Part 3

Fees

Primacy of EU law

Power to alter conditions for a relevant merger situation

Orders and regulations under Part 3

Offences by bodies corporate

Service of documents by the CMA, OFCOM or the Secretary of State

Associated persons

Supply of services and market for services etc.

Other interpretation provisions

Index of defined expressions

Duty to publish market study notice

Power of CMA to make references

Decisions about references under section 131: consultation

Market studies and the making of decisions to refer: time-limits etc

Time-limits under section 131B: supplementary

Ministerial power to make references

Contents of references

Questions to be decided on market investigation references

Variation of market investigation references

Investigations and reports on market investigation references

Time-limits for market investigations and reports

Duty to remedy adverse effects

Time-limits for discharging duty under section 138

Section 138A: supplementary

Public interest intervention by Secretary of State

Intervention notices under section 139(1)

Section 139(1) intervention notices: Secretary of State's duty to refer

Variation of restricted PI references and full PI references

Restricted PI references: questions to be decided by CMA

Full PI references: questions to be decided by CMA

Full PI references: power of Secretary of State to appoint expert

Investigations and reports by CMA

Restricted PI references: publication

Full PI references: publication etc of reports of CMA

Time-limits for investigations and reports: Part 4

Restrictions where public interest considerations not finalised: Part 4

Restricted PI references: decision of Secretary of State

Full PI references: decision of Secretary of State

Restricted PI references: remedial action by Secretary of State

Full PI references: remedial action by Secretary of State

Restricted PI references: reversion of the matter to CMA

Full PI references: reversion of the matter to CMA

Intervention notices under section 139(2)

Power of veto of Secretary of State

Public interest intervention cases: interaction with general procedure

Certain duties of CMA

Specified considerations: Part 4

Undertakings in lieu of market investigation references

Undertakings fully or partially in lieu of references or reports

Undertakings in lieu: procedural requirements

Effect of undertakings in lieu

Interim undertakings: Part 4

Interim orders: Part 4

Final undertakings: Part 4

Order-making power where final undertakings not fulfilled: Part 4

Final orders: Part 4

Acceptance of enforcement undertakings: Part 4

Implementation trials: purpose and interpretation

Power to conduct implementation trials

Implementation trials: notices

Implementation trials: supplementary

Duty of CMA to monitor the carrying out of undertakings and orders: Part 4

Duty of CMA to monitor effectiveness of undertakings and orders: Part 4

Power to vary etc undertakings and orders: implementation trials

Role of CMA in relation to undertakings and orders in public interest cases: Part 4

Enforcement undertakings and orders under this Part: general provisions

Procedural requirements for certain undertakings and orders: Part 4

Register of undertakings and orders: Part 4

Rights to enforce undertakings and orders under this Part

Enforcement of undertakings and orders etc: imposition of penalties

Penalties under section 167A: amount

Statement of policy in relation to functions under sections 167 and 167A

Regulated markets

Certain duties of relevant authorities to consult: Part 4

General information duties

Advice and information: Part 4

Further publicity requirements: Part 4

Defamation: Part 4

Attendance of witnesses and production of documents etc.

Extra-territorial application of notices under section 174

Enforcement of powers under section 174: imposition of penalties

Restriction on powers to impose penalties under section 174A

Section 174B: supplementary provision

Penalties : amount

Statement of policy on penalties

Enforcement of powers under section 174: offences

Investigation powers of the Commission

Excisions from reports etc: Part 4

Minority reports of CMA: Part 4

Review of decisions under Part 4

Offences

Orders and regulations under Part 4

Service of documents: Part 4

Interpretation: Part 4

Index of defined expressions: Part 4

The Commission

Annual report of Commission

Commission rules of procedure

Cartel offence

Circumstances in which cartel offence not committed

Defences to commission of cartel offence

Cartel offence: supplementary

Cartel offence: prosecution guidance

Extradition

Powers when conducting an investigation

Power to enter premises under a warrant

Exercise of powers by authorised person

Privileged information etc.

Restriction on use of statements in court

Use of statements obtained under Competition Act 1998

Surveillance powers

Authorisation of action in respect of property

Offences

Interpretation of sections 192 to 201

Powers of entry

Disqualification

Super-complaints to regulators other than CMA

Power to modify Schedule 8

Repeal of Schedule 4 to the 1998 Act

Repeal of Part 6 of Fair Trading Act 1973

Reform of EU competition law

Consumers

Domestic infringements

Schedule 13 infringements

Enforcers

Consultation

Applications

Applications: directions by CMA

Enforcement orders

Interim enforcement order

Applications

Online interface orders

Interim online interface orders

Online interface orders: supplementary

Unfair commercial practices: substantiation of claims

Undertakings

Definition of enhanced consumer measures

Inclusion of enhanced consumer measures etc.

Availability of enhanced consumer measures to private enforcers

Further proceedings

Community infringements: proceedings

Bodies corporate: accessories

Bodies corporate: orders

CMA

Other enforcers

Notices: procedure

Notices: enforcement

Power to enter premises without warrant

Powers exercisable on the premises

Power to enter premises with warrant

Ancillary provisions about powers of entry

Obstructing, or failing to co-operate with, powers of entry

Retention of documents and goods

Investigatory powers

Evidence

Advice and information

Notice to OFT of intended prosecution

Notice of convictions and judgments to CMA

Goods and services

Person supplying goods

Supply of services

Injunctions Directive

CPC Regulation

Dual enforcers

Crown

General restriction

Information

Consent

EU obligations

Statutory functions

Civil proceedings

Criminal proceedings

Overseas disclosures

Overseas disclosures for both overseas and domestic purposes

Overseas disclosures for overseas purposes only

Overseas disclosures for designated cooperation arrangement purposes

Use and further disclosure of information disclosed under sections 243A and 243B

Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B

Relevant considerations relating to overseas disclosures under sections 243A and 243B

Specified information: considerations relevant to disclosure

Offences

Subordinate legislation

Interpretation

Repeals

Replacement of Part II of Insolvency Act 1986

Prohibition of appointment of administrative receiver

Abolition of Crown preference

Unsecured creditors

Liquidator’s powers

Application of insolvency law to foreign company

Application of law about company arrangement or administration to non-company

Duration of bankruptcy

Post-discharge restrictions

Investigation by official receiver

Income payments order

Income payments agreement

Bankrupt’s home

Powers of trustee in bankruptcy

Repeal of certain bankruptcy offences

Individual voluntary arrangement

Disqualification from office: justice of the peace

Disqualification from office: Parliament

Disqualification from office: local government

Disqualification from office: general

Minor and consequential amendments

Fees

Insolvency Services Account: interest

Insolvency Services Accounts

Interpretation

Provision of financial assistance for consumer purposes

Financial provision

Transitional or transitory provision and savings

Power to make consequential amendments etc.

Minor and consequential amendments and repeals

Commencement

Extent

Short title

Membership

Terms of appointment, remuneration, pensions etc.

Staff

Membership of committees or sub-committees of OFT

Proceedings etc.

Performance of functions

Supplementary powers

Parliamentary Commissioner Act 1967 (c. 13)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Appointment, etc. of President and chairmen

Appointment, etc. of ordinary members

Remuneration etc. for members

Compensation for loss of office

Staff, accommodation and property

Miscellaneous

Membership of the Service

Chairman of Service

Appointed members

Allowances, etc. for members

Staff

Procedure

The Service’s powers

Accounts

Decisions of the Tribunal

Enforcement of injunctions in England and Wales and Northern Ireland

Enforcement of decisions in Great Britain

Enforcement of decisions in Northern Ireland

Miscellaneous

General

Institution of proceedings

Fast-track procedure

Collective proceedings

Collective settlements

Pre-hearing reviews and preliminary matters

Conduct of the hearing

Quorum

Interest

Fees

Stay or sist of proceedings

Withdrawal of proceedings

Injunctions

Declarations and declarators

Interim orders

Miscellaneous

General modifications

Meaning of “the decision-making authority”

Turnover

Relevant customer benefits

Time limits for decisions about references

Questions to be decided in relation to completed mergers

Questions to be decided in relation to anticipated mergers

Time-limits for investigations and reports

Duty to remedy effects of completed or anticipated mergers

Application of sections 23 to 29

Application of the Enterprise Act 2002 (Anticipated Mergers) Order 2003 (S.I. 2003/1595)

Introduction

State owned investors

Associated persons

Interpretation

Joint interests

Joint arrangements

Calculating shareholdings

Voting rights

Shares or rights held “indirectly”

Shares held by nominees

Rights treated as held by person who is able to control their exercise

Arrangements

Rights exercisable only in certain circumstances etc

Rights attached to shares held by way of security

Pre-emptive undertakings and orders

Undertakings in lieu of reference under section 45 or 62

Statutory restrictions following reference under section 45 or 62

Final undertakings and orders

Introductory

General restrictions on conduct

General obligations to be performed

Acquisitions and divisions

Supply and publication of information

National security

News media mergers

Maintaining the stability of the UK financial system

Maintaining the capability to combat etc public health emergencies

Monitoring of compliance and determination of disputes

Supplementary

Interpretation

Telecommunications Act 1984 (c. 12)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

Telecommunications Act 1984 (c. 12)

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Transport Act 2000 (c. 38)

Requirements for accepting undertakings and making orders

Termination of undertakings and orders

Power to dispense with the requirements of the Schedule

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Magistrates’ Courts Act 1980 (c. 43)

Companies Act 1985 (c. 6)

Insolvency Act 1986 (c. 45)

Company Directors Disqualification Act 1986 (c. 46)

Companies Act 1989 (c. 40)

Coal Industry Act 1994 (c. 21)

Employment Rights Act 1996 (c. 18)

Housing Act 1996 (c. 52)

Financial Services and Markets Act 2000 (c. 8)

Introduction

Neither old law nor new law to apply

General rule for discharge from pre-commencement bankruptcy

Second-time bankruptcy

Criminal bankruptcy

Income payments order

Bankruptcy restrictions order or undertaking

Disqualification for acting as receiver or manager

Bankruptcy offences after discharge

Disqualification for acting as insolvency practitioner

Prohibition against involvement in company

Annulment of bankruptcy on making of voluntary arrangement

...

Role of official receiver

Operation of references to OFT before commencement of section 2(3)

Pensions etc. of former Directors

First financial year of the OFT

First annual plan of the OFT

Last annual report of the Director General of Fair Trading

Effect of transfers under section 2

First President and Registrar of the Competition Appeal Tribunal

Tribunal rules

Merger references

Monopoly references

Enforcement undertakings and orders

Paragraphs 13 to 18: supplementary provision

Designation orders under Schedule 4 to the 1998 Act

Proceedings under Part 3 of the 1973 Act

Supplementary

Registered Designs Act 1949 (c. 88)

Agricultural Marketing Act 1958 (c. 47)

Public Records Act 1958 (c. 51)

Superannuation Act 1972 (c. 11)

Fair Trading Act 1973 (c. 41)

Consumer Credit Act 1974 (c. 39)

Restrictive Practices Court Act 1976 (c. 33)

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Competition Act 1980 (c. 21)

Civil Aviation Act 1982 (c. 16)

Gas Act 1986 (c. 44)

Telecommunications Act 1984 (c. 12)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Consumer Protection Act 1987 (c. 43)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Copyright, Designs and Patents Act 1988 (c. 48)

Water Act 1989 (c. 15)

Electricity Act 1989 (c. 29)

Companies Act 1989 (c. 40)

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

Courts and Legal Services Act 1990 (c. 41)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Tribunals and Inquiries Act 1992 (c. 53)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Osteopaths Act 1993 (c. 21)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Broadcasting Act 1996 (c. 55)

Channel Tunnel Rail Link Act 1996 (c. 61)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Terrorism Act 2000 (c. 11)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

General

Magistrates’ Courts Act 1980 (c. 43)

Companies Act 1985 (c. 6)

Insolvency Act 1986 (c. 45)

Company Directors Disqualification Act 1986 (c. 46)

Companies Act 1989 (c. 40)

Coal Industry Act 1994 (c. 21)

Employment Rights Act 1996 (c. 18)

Housing Act 1996 (c. 52)

Financial Services and Markets Act 2000 (c. 8)

Introduction

Neither old law nor new law to apply

General rule for discharge from pre-commencement bankruptcy

Second-time bankruptcy

Criminal bankruptcy

Income payments order

Bankruptcy restrictions order or undertaking

Disqualification for acting as receiver or manager

Bankruptcy offences after discharge

Disqualification for acting as insolvency practitioner

Prohibition against involvement in company

Annulment of bankruptcy on making of voluntary arrangement

...

Role of official receiver

Operation of references to OFT before commencement of section 2(3)

Pensions etc. of former Directors

First financial year of the OFT

First annual plan of the OFT

Last annual report of the Director General of Fair Trading

Effect of transfers under section 2

First President and Registrar of the Competition Appeal Tribunal

Tribunal rules

Merger references

Monopoly references

Enforcement undertakings and orders

Paragraphs 13 to 18: supplementary provision

Designation orders under Schedule 4 to the 1998 Act

Proceedings under Part 3 of the 1973 Act

Supplementary

Registered Designs Act 1949 (c. 88)

Agricultural Marketing Act 1958 (c. 47)

Public Records Act 1958 (c. 51)

Superannuation Act 1972 (c. 11)

Fair Trading Act 1973 (c. 41)

Consumer Credit Act 1974 (c. 39)

Restrictive Practices Court Act 1976 (c. 33)

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Competition Act 1980 (c. 21)

Civil Aviation Act 1982 (c. 16)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Telecommunications Act 1984 (c. 12)

Airports Act 1986 (c. 31)

Consumer Protection Act 1987 (c. 43)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Copyright, Designs and Patents Act 1988 (c. 48)

Water Act 1989 (c. 15)

Electricity Act 1989 (c. 29)

Companies Act 1989 (c. 40)

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

Courts and Legal Services Act 1990 (c. 41)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Tribunals and Inquiries Act 1992 (c. 53)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Osteopaths Act 1993 (c. 21)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Broadcasting Act 1996 (c. 55)

Channel Tunnel Rail Link Act 1996 (c. 61)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Terrorism Act 2000 (c. 11)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)