Legalize / United Kingdom / Public General Act

Enterprise Act 2002

Type Public General Act

Publication 2002-11-07

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

Claims on behalf of consumers

Gas Act 1986 (c. 44)

Pensions etc. of former Directors

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

Competition Act 1998 (c. 41)

Water Industry Act 1991 (c. 56)

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

Data Protection Act 1998 (c. 29)

Coal Industry Act 1994 (c. 21)

Channel Tunnel Rail Link Act 1996 (c. 61)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Restrictive Practices Court Act 1976 (c. 33)

Estate Agents Act 1979 (c. 38)

Gas Act 1986 (c. 44)

Civil Aviation Act 1982 (c. 16)

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

General

Osteopaths Act 1993 (c. 21)

Competition Act 1998 (c. 41)

Water Industry Act 1991 (c. 56)

Channel Tunnel Rail Link Act 1996 (c. 61)

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

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

9D

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

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

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

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

Data Protection Act 1998 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Companies Act 1985 (c. 6)

Superannuation Act 1972 (c. 11)

Introduction

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Gas Act 1986 (c. 44)

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

Magistrates’ Courts Act 1980 (c. 43)

Companies Act 1985 (c. 6)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

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

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

Broadcasting Act 1996 (c. 55)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Time when enterprises cease to be distinct

9DB

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC.

9E

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Amendment of 1998 Act relating to the Tribunal

Chiropractors Act 1994 (c. 17)

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

Competition Act 1998 (c. 41)

Chiropractors Act 1994 (c. 17)

Channel Tunnel Rail Link Act 1996 (c. 61)

Competition Act 1998 (c. 41)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

12

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

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Data Protection Act 1998 (c. 29)

Chiropractors Act 1994 (c. 17)

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

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

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Agricultural Marketing Act 1958 (c. 47)

Neither old law nor new law to apply

Restrictive Practices Court Act 1976 (c. 33)

Airports Act 1986 (c. 31)

Consumer Protection Act 1987 (c. 43)

Telecommunications Act 1984 (c. 12)

Airports Act 1986 (c. 31)

Osteopaths Act 1993 (c. 21)

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)

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

Estate Agents Act 1979 (c. 38)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Transport Act 2000 (c. 38)

Fast-track reference requests: procedure

Duty to remedy effects of completed or anticipated mergers

Exceptions to protection given by merger notices

Attendance of witnesses and production of documents etc.

Restriction on powers to impose penalties under section 110

Duty to publish market study notice

Defamation: Part 4

Exercise of powers by authorised person

Restrictions where public interest considerations not finalised: Part 4

Full PI references: remedial action by Secretary of State

Super-complaints to regulators other than CMA

Replacement of Part II of Insolvency Act 1986

Interim online interface orders

Interpretation

Repeal of certain bankruptcy offences

Duration of bankruptcy

Disqualification from office: general

Minor and consequential amendments

Enforcement of injunctions in England and Wales and Northern Ireland

General restrictions on conduct

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

Magistrates’ Courts Act 1980 (c. 43)

Company Directors Disqualification Act 1986 (c. 46)

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

Agricultural Marketing Act 1958 (c. 47)

Neither old law nor new law to apply

Restrictive Practices Court Act 1976 (c. 33)

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Competition Act 1980 (c. 21)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Airports Act 1986 (c. 31)

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

Companies Act 1989 (c. 40)

Broadcasting Act 1990 (c. 42)

Osteopaths Act 1993 (c. 21)

Tribunals and Inquiries Act 1992 (c. 53)

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

Coal Industry Act 1994 (c. 21)

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

Patents Act 1977 (c. 37)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

Competition Act 1980 (c. 21)

Civil Aviation Act 1982 (c. 16)

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

Airports Act 1986 (c. 31)

Osteopaths Act 1993 (c. 21)

Tribunals and Inquiries Act 1992 (c. 53)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

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)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

8A

The CMA may not under this Part support a public consumer advice scheme, where that support of a scheme consists of providing, or securing the provision of, an arrangement for giving advice without charge to individual consumers on matters personal to them.

34ZA

(1) In carrying out its function of deciding whether to make a reference under section 22(1) or 33(1), the CMA shall, within the initial period—

(a) decide whether the duty to make a reference under the subsection applies (taking account of the power under section 22(2) or (as the case may be) 33(2) and the operation of section 22(3) or (as the case may be) 33(3)); and

(b) inform the persons carrying on the enterprises concerned by notice of the decision and of the reasons for it.

(1A) In carrying out its function of making a reference under section 22(1A) or 33(1A), the CMA must, within the initial period, inform the persons carrying on the enterprises concerned by notice of the making of the reference.

(2) Nothing in this section prevents the CMA from making a reference under section 22(1) or 33(1) in the event that—

(a) it decides that the duty to make a reference does not apply because it is considering whether to accept undertakings under section 73; but

(b) no such undertakings are offered or accepted.

(3) In this section—

“the initial period” means (subject to any extension under section 34ZB) the period of 40 working days beginning with— where the CMA is carrying out its function in consequence of the giving of a merger notice under section 96, the first working day after the day on which the CMA gives notice under section 96(2A) to the person who gave the merger notice, and in any other case, the first working day after the day on which the CMA informs the persons carrying on the enterprises concerned by notice that it has sufficient information to enable it to begin an investigation for the purposes of deciding whether to make a reference;

(4) For the purposes of paragraph (a) in the definition of “initial period” in subsection (3), the CMA is carrying out its function in consequence of the giving of a merger notice under section 96 if it is considering whether to make a reference under section 22 or 33 in relation to—

(a) arrangements of which notice is given in the merger notice or arrangements which do not differ from them in any material respect, or

(b) the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34ZB

(1) The CMA may extend the initial period for the purposes of section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case in question.

(2) In subsection (1), “relevant person” means—

(a) any person carrying on any of the enterprises concerned;

(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or

(3) For the purposes of subsection (2), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(4) Where an intervention notice is in force in relation to the matter concerned, the CMA may extend the initial period by no more than 20 working days.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An extension under subsection (1) or (4) comes into force when published under section 107.

(7) An extension under subsection (1) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34ZC

(1) An extension of the initial period for the purposes of section 34ZA(1) may be made under each of subsections (1) or (4) of section 34ZB.

(2) No more than one extension is possible under section 34ZB(4).

(3) Where a period is extended or further extended under section 34ZB(1) or (4), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period mentioned in section 34ZA(1) is further extended;

(b) the further extension and at least one previous extension is made under subsection (1) of section 34ZB; and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.

(6) The Secretary of State may by order do either or both of the following—

(a) amend section 34ZA so as to alter the period of 40 working days mentioned in subsection (3) of that section or any period for the time being mentioned in that subsection in substitution for that period;

(b) amend section 34ZB so as to alter the period of 20 working days mentioned in subsection (4) of that section or any period for the time being mentioned in that subsection in substitution for that period.

(7) But no alteration may be made by virtue of subsection (6) which results in—

(a) the period for the time being mentioned in section 34ZA(3) exceeding 40 working days; or

(b) the period for the time being mentioned in section 34ZB(4) exceeding 20 working days.

(8) Before making an order under subsection (6), the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41A

(1) The CMA shall discharge its duty under section 41(2) within the period of 12 weeks beginning with the date on which it publishes the report concerned under section 38.

(2) The CMA may extend, by no more than 6 weeks, the period within which its duty under section 41(2) shall be discharged if it considers that there are special reasons for doing so.

(3) The CMA may extend the period within which its duty under section 41(2) shall be discharged if it considers that a relevant person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109 which is given in relation to the reference.

(4) In subsection (3), “relevant person” means—

(a) any person carrying on any of the enterprises concerned;

(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or

(5) For the purposes of subsection (4), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(6) An extension under subsection (2) or (3) comes into force when published under section 107.

(7) An extension under subsection (3) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

41B

(1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2).

(2) No more than one extension is possible under section 41A(2).

(3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA must discharge its duty under section 41(2) is further extended;

(b) the further extension and at least one previous extension is made under section 41A(3); and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.

(6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods—

(a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period;

(b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period.

(7) But no alteration may be made by virtue of subsection (6) which results in—

(a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or

(b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks.

(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

73A

(1) A party concerned who wishes to offer an undertaking to the CMA for the purposes of section 73(2) or (3B) must do so before the end of the period of 5 working days beginning with—

(a) the day after the CMA gives the person the notice required by section 34ZA(1)(b); ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If an undertaking is offered for the purposes of section 73(2) or (3B), the CMA shall, before the end of the period of 10 working days beginning with the day mentioned in subsection (1)—

(a) decide whether there are reasonable grounds for believing that the undertaking or a modified version of it might be accepted by the CMA under section 73(2) or (3B), and

(b) if it considers that it might be, give notice to the person who offered the undertaking that it is considering it.

(3) If such a notice is given, the CMA shall decide whether to accept the undertaking before the end of the period of 50 working days beginning with the day mentioned in subsection (1).

(4) The CMA may extend the period mentioned in subsection (3), by no more than 40 working days, if it considers that there are special reasons for doing so.

(5) The CMA shall prepare and publish guidance in relation to the exercise of its power under subsection (4).

(6) The CMA may revise any such guidance and, where it does so, shall publish the revised statement.

(7) The CMA may extend the period mentioned in subsection (3) if it considers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice given under section 109 in relation to the case in question.

(8) In subsection (7), “relevant person” means—

(a) any person carrying on any of the enterprises concerned;

(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or

(9) For the purposes of subsection (8), a person or group of persons able, directly or indirectly, to control or materially influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(10) An extension under subsection (4) or (7) comes into force when published under section 107.

(11) An extension under subsection (7) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73B

(1) A period extended under section 73A(4) may also be extended under section 73A(7), and a period extended under section 73A(7) may also be extended under section 73A(4).

(2) No more than one extension is possible under section 73A(4).

(3) Where a period is extended or further extended under section 73A(4) or (7), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA must discharge its duty under section 73A(3) is further extended,

(b) the further extension and at least one previous extension is made under section 73A(7), and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.

(6) The Secretary of State may by order amend section 73A so as to alter one or more of the periods for the time being mentioned in the section.

(7) But no alteration may be made by virtue of subsection (6) which results in—

(a) the period mentioned in section 73A(1) exceeding 5 working days;

(b) the period mentioned in section 73A(2) exceeding 10 working days;

(d) the period mentioned in section 73A(4) exceeding 40 working days.

(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

94A

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

94B

(1) The CMA shall prepare and publish a statement of policy in relation to the exercise of functions under—

(a) section 94 ...; and

(b) section 94AA.

(2) The CMA shall, in particular, include a statement about the considerations relevant to the determination of the amount of any penalty imposed under section 94AA.

(3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement.

(4) The CMA shall consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy.

(5) A statement or revised statement of policy may not be published under this section unless the Secretary of State approves the statement.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents

131A

(1) This section applies to a case where the CMA has published a market study notice and—

(a) the CMA is proposing to make a reference under section 131 in relation to the matter specified in the notice; or

(b) a representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that such a reference should be made but the CMA is proposing not to make such a reference.

(2) The CMA shall—

(a) publish notice of the proposal concerned; and

(b) consult the relevant persons about the proposal, in such manner as it considers practicable, before deciding whether to make a reference.

(3) The CMA may, for the purposes of subsection (1), ignore any representation which it considers to be frivolous or vexatious.

(4) For the purposes of subsection (2), a person is a “relevant person” if the CMA considers that its decision whether to make a reference is likely to have a substantial impact on the person's interests.

(5) In consulting a person for the purposes of this section, the CMA shall, so far as practicable, give its reasons for the proposal.

(6) In considering what is practicable for the purposes of this section, the CMA shall, in particular, have regard to—

(a) the restrictions imposed by the time-table for making the decision (see section 131B); and

(b) any need to keep what is proposed, or the reasons for it, confidential.

131B

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the CMA has published a market study notice it shall, within the period of 12 months beginning with the date on which it publishes the notice, prepare and publish a report (referred to in this Part as a “market study report”) which sets out—

(a) the findings of the CMA in relation to the matter specified in the notice; and

(b) the action (if any) which the CMA proposes to take , or has taken, in relation to the matter.

(5) In a case to which section 131A applies, the market study report shall, in particular, contain—

(a) the decision of the CMA to make a reference under section 131 in relation to the matter specified in the market study notice, the decision to accept an undertaking under section 154A instead of, or in addition to, making such a reference or (as the case may be) the decision otherwise not to make such a reference;

(b) the CMA's reasons for the decision; and

(c) such information as the CMA considers appropriate for facilitating a proper understanding of its reasons for the decision.

(6) Where a market study report contains a decision of the CMA to make a reference under section 131 in relation to a matter, the CMA shall, at the same time as it publishes the report, make the reference.

(7) Subsections (4) to (6) are subject to section 140A (duty of Secretary of State to refer in public interest intervention cases).

(8) Where the CMA—

(a) has published a market study notice, and

(b) has decided not to make a reference under section 131 in relation to the matter specified in the notice,

the CMA may subsequently make a reference under section 131 in relation to the matter (without first publishing a market study notice in relation to the matter) only where subsection (9) applies.

(9) This subsection applies where—

(a) the reference under section 131 is made two years or more after the publication of the market study report in relation to the market study notice, or

(b) there has been a material change in circumstances since the preparation of the report.

131C

(1) The Secretary of State may by order amend section 131B so as to alter one or more of the following periods—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the period of 12 months mentioned in subsection (4) or any period for the time being there mentioned in substitution for that period.

(2) But no alteration may be made by virtue of subsection (1) which results in—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the period for the time being mentioned in subsection (4) exceeding 12 months.

(3) Before making an order under this section the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

138A

(A1) Subsection (A3) applies in relation to an adverse effect on competition in respect of which the CMA—

(a) has begun an implementation trial under section 161C, or

(b) considers that it is not reasonably practicable to discharge its duty under section 138(2) in accordance with subsection (1) as a result of such an implementation trial in respect of another adverse effect on competition.

(A2) Subsection (1) applies in relation to any other adverse effect on competition.

(A3) Where this subsection applies, the CMA must discharge its duty under section 138(2) before the day specified under section 161D(5)(b)(ii).

(1) Where this subsection applies, the CMA shall discharge its duty under section 138(2) within the period of 6 months beginning with the date on which it publishes the report concerned under section 136.

(2) The CMA may extend, by no more than 4 months, the period within which its duty under section 138(2) is required to be discharged in accordance with subsection (1) if it considers that there are special reasons for doing so.

(3) The CMA may extend the period within which its duty under section 138(2) is required to be discharged if it considers that—

(a) a person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 174 which was given in relation to the reference; and

(b) the failure is preventing the CMA from properly discharging its duty under section 138(2).

(4) An extension under subsection (2) or (3) shall come into force when published under section 172.

(5) An extension under subsection (3) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

138B

(1) A period extended under section 138A(2) may also be extended under section 138A(3), and a period extended under section 138A(3) may also be extended under section 138A(2).

(2) No more than one extension is possible under section 138A(2).

(3) Where a period is extended or further extended under section 138A(2) or (3), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA shall discharge its duty under section 138(2) is further extended;

(b) the further extension and at least one previous extension is made under section 138A(3); and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) shall be disregarded.

(6) The Secretary of State may by order amend section 138A so as to alter one or more of the following periods—

(a) the period of 6 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period;

(b) the period of 4 months mentioned in subsection (2) or any period for the time being there mentioned in substitution for that period.

(7) But no alteration shall be made by virtue of subsection (6) which results in—

(a) the period for the time being mentioned in section 138A(1) exceeding 6 months; or

(b) the period for the time being mentioned in section 138A(2) exceeding 4 months.

(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

174A

(1) The CMA may impose a penalty on a person in accordance with section 174D where the CMA considers that—

(a) the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174;

(b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person’s powers under section 174(7);

(c) the person has, without reasonable excuse, altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 174.

(1A) The relevant authority may impose a penalty on a person in accordance with section 174D where the authority considers that—

(a) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to the authority in connection with any of the authority’s functions under this Part;

(b) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to another person knowing that the information was to be used for the purpose of supplying information to the authority in connection with any function of the authority under this Part.

(1B) In this section, and in sections 174B to 174D, “the relevant authority” means—

(a) the CMA;

(b) the Secretary of State;

(1C) But the relevant authority may not proceed against a person under this section in relation to an act or omission which constitutes an offence under section 116A or 117 as applied by section 180 if the person has, by reason of that act or omission, been found guilty of that offence.

(2) The CMA may proceed (whether at the same time or at different times) under subsection (1)(a) and section 138A(3) in relation to the same failure.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In deciding whether and, if so, how to proceed under subsection (1) or (1A) or section 138A(3), the CMA shall have regard to the statement of policy which was most recently published under section 174E at the time the act or omission occurred.

(9) 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; and

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

(10) Sections 112 to 115 apply in relation to a penalty imposed under section 174A(1) or (1A) as they apply in relation to a penalty imposed under section 110(1) or (1A), with the following modifications—

(a) any reference in those provisions to the appropriate authority is to be read as a reference to the relevant authority within the meaning of this section;

(b) section 114(5A) is to be read as if the words “or OFCOM” were omitted;

(b) “relevant guidance” means the statement of policy which was most recently published under section 174E at the time when the act or omission concerned occurred.

174B

(1) No penalty shall be imposed by virtue of section 17A(1)(a) or (b) if more than ten weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(2) In the following provisions of this section, “the section 174 power” means the power under section 174 to which the act or omission giving rise to the penalty in question relates.

(3) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(a), the relevant day is the day when the CMA finally concludes the carrying out of its section 5 functions.

(4) Where the section 174 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked.

(5) Except where subsection (3) or (4) applies, the relevant day is the day determined in accordance with the following provisions of this section.

(6) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a possible reference under section 131, the relevant day is the day when the CMA finally decides whether to make the reference.

(7) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a reference under section 131 or 132, the relevant day is the day when the reference is finally determined (see section 183).

(8) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a possible reference under section 140A(5) or (6), the relevant day is the day when the Secretary of State makes the reference.

(9) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a reference under section 140A(6), the relevant day is the day when the reference is finally determined (see section 183).

174C

(1) For the purpose of section 174B(3), the CMA finally concludes the carrying out of its section 5 functions if—

(a) the CMA publishes the market study report under section 131B(4) or (as the case may be) gives it to the Secretary of State under section 140A(3)(b); or

(b) the period permitted for the preparation by the CMA of the market study report and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3)(b) expires and no such report has been so prepared or no such action has been taken.

(2) For the purpose of section 174B(3), the time when the CMA finally concludes the carrying out of its section 5 functions is—

(a) in a case falling within subsection (1)(a), the publication of the report or (as the case may be) the giving of it to the Secretary of State;

(b) in a case falling within subsection (1)(b), the expiry of the period concerned.

(3) For the purpose of section 174B(6), the CMA finally decides whether to make a reference under section 131 if—

(a) the CMA makes such a reference;

(b) the CMA accepts an undertaking fully in lieu of a reference under section 154A;

(d) the period permitted for the preparation by the CMA of a market study report in relation to the matter and for the report to be published under section 131B(4) has expired and no such report has been so prepared or published.

(4) For the purpose of section 174B(6), the time when the CMA finally decides whether to make a reference under section 131 is—

(a) in a case falling within subsection (3)(a), the making of the reference;

(b) in a case falling within subsection (3)(b), the acceptance of the undertaking concerned;

(d) in a case falling within subsection (3)(d), the expiry of the period concerned.

(5) In subsection (4)(b) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section 154A, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (3)(b) and (4)(b).

174D

(1) A penalty imposed under section 174A(1) or (1A) shall be of such amount as the relevant authority considers appropriate.

(2) In the case of a penalty imposed under section 174A(1)(a), the amount may be—

(a) a fixed amount;

(b) an amount calculated by reference to a daily rate; or

(3) In the case of a penalty imposed under any of section 174A(1)(b), (c) or (1A), the amount shall be a fixed amount.

(4) A penalty imposed under section 174A(1) or (1A) on a person who does not own or control an enterprise must not—

(a) in the case of a fixed amount, exceed £30,000;

(b) in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day; and

(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day ....

(4A) A penalty imposed under section 174A(1) or (1A) on any other person must not—

(a) in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(b) in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) The Secretary of State may by regulations amend subsection (4)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.

(7) Before making regulations under subsection (6A), the Secretary of State shall consult—

(a) the CMA; and

(b) such other persons as the Secretary of State considers appropriate.

(8) In imposing a penalty by reference to a daily rate—

(a) no account is to be taken of any days before the service on the person concerned of provisional penalty notice under section 112(A1) (as applied by section 174A(10)); and

(b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (9).

(9) Those days are—

(a) the day on which the requirement of the notice concerned under section 174 is satisfied;

(b) the day which is the relevant day in the case in question for the purposes of section 174B.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Secretary of State may by regulations make provision for determining, for the purposes of this section—

(a) when an enterprise is to be treated as being controlled by a person;

(b) the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise.

(12) Regulations under subsection (11)(b) may, in particular, make provision as to—

(a) the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover;

(b) the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined.

(13) Regulations under subsection (11) may, in particular, make provision enabling the relevant authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (12)).

174E

(1) The CMA must prepare and publish a statement of policy in relation to—

(a) the imposition of penalties under section 174A, and

(b) the enforcement of notices under section 174.

(2) The statement shall, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 174A(1) or (1A).

(3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement.

(4) The CMA shall consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy.

(5) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.

188A

(1) An individual does not commit an offence under section 188(1) if, under the arrangements—

(a) in a case where the arrangements would (operating as the parties intend) affect the supply in the United Kingdom of a product or service, customers would be given relevant information about the arrangements before they enter into agreements for the supply to them of the product or service so affected,

(b) in the case of bid-rigging arrangements, the person requesting bids would be given relevant information about them at or before the time when a bid is made, or

(c) in any case, relevant information about the arrangements would be published, before the arrangements are implemented, in the manner specified at the time of the making of the agreement in an order made by the Secretary of State.

(2) In subsection (1), “relevant information” means—

(a) the names of the undertakings to which the arrangements relate,

(b) a description of the nature of the arrangements which is sufficient to show why they are or might be arrangements of the kind to which section 188(1) applies,

(d) such other information as may be specified in an order made by the Secretary of State.

(3) An individual does not commit an offence under section 188(1) if the agreement is made in order to comply with a legal requirement.

(4) In subsection (3), “legal requirement” has the same meaning as in paragraph 5 of Schedule 3 to the Competition Act 1998.

(5) A power to make an order under this section—

(a) is exercisable by statutory instrument,

(b) may be exercised so as to make different provision for different cases or different purposes, and

(c) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.

(6) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Introductory

10A

(1) Tribunal rules may make provision as to proceedings on an application for a relevant warrant or section 75 of the Digital Markets, Competition and Consumers Act 2024, including provision—

(a) for the Tribunal dealing with the proceedings to consist only of the President or a member of the panel of chairmen;

(b) as to the manner in which the proceedings are to be conducted, including provision—

(i) for such applications to be determined without a hearing;

(ii) in cases where there is a hearing, for it to be held in private if the Tribunal considers it appropriate because it is considering information of a kind mentioned in paragraph 1(2);

(d) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses;

(e) as to the evidence which may be required or admitted and the extent to which it should be oral or written;

(f) allowing the Tribunal to fix time-limits with respect to any aspect of the proceedings and to extend any time-limit (before or after its expiry).

(2) Paragraphs 2 to 8, and 11 to 17, of this Schedule do not apply in relation to the institution or conduct of proceedings for a relevant warrant.

(3) For the purposes of this paragraph, “relevant warrant” means a warrant under—

(a) section 194 of this Act;

(b) section 28, 28A, 62, 62A, 63, 65G or 65H of the 1998 Act;

(d) paragraph 3 of Schedule 8 to the Football Governance Act 2025.

20C

(1) An order may provide for the appointment of one or more than one person (referred to in this paragraph as an “appointee”) by the relevant authority or by such other persons as may be specified or described in the order to—

(a) monitor compliance with such terms of the order as are so specified or described or terms of any directions given under the order;

(b) determine any dispute between persons who are subject to the order about what is required by any such terms.

(2) An order made by virtue of this paragraph must make provision as to the terms of an appointee's appointment.

(3) A determination made by virtue of an order under this paragraph is binding on—

(a) any person who is subject to the order;

(b) the relevant authority; and

(c) in the case where the relevant authority is the Secretary of State or the Chancellor of the Duchy of Lancaster, the CMA.

Gas Act 1986 (c. 44)

Water Industry Act 1991 (c. 56)

Requirements for accepting undertakings and making orders

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

Transport Act 2000 (c. 38)

Termination of undertakings and orders

Public Records Act 1958 (c. 51)

Introduction

Enforcement undertakings and orders

Agricultural Marketing Act 1958 (c. 47)

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)

Water Act 1989 (c. 15)

Companies Act 1989 (c. 40)

Railways Act 1993 (c. 43)

Tribunals and Inquiries Act 1992 (c. 53)

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

Chiropractors Act 1994 (c. 17)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

The Director General of Fair Trading

Supplementary provision in relation to anticipated mergers

34C

(1) Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and (6) and 37(6);

(b) where a reference is treated by virtue of section 37(2) as having been made under section 22, section 23(9)(a);

(d) section 87, so far as relating to an enforcement order made on behalf of the CMA by the group;

(e) sections 92(4), 94 and 94AA, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;

(f) section 104, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;

(g) section 107, so far as relating to anything done on behalf of the CMA by the group;

(h) section 109, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(i) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;

(j) section 120(5)(b), so far as relating to a decision of the group;

(k) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.

(2) The functions of the CMA under section 95(4) in relation to the matter concerned may be carried out on behalf of the CMA by the group.

(3) Nothing in subsection (1) prevents the CMA Board from exercising a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—

(a) section 76 and Schedule 10, so far as relating to the making of an order under section 76 in relation to an order under section 83;

(b) section 83 and Schedule 10, so far as relating to the making of an order under section 83;

(c) sections 76 (as it applies in relation to an order under section 83), 80 to 84 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(d) section 87;

(e) sections 92(4) , 94 and 94AA.

Investigation and report by CMA

46D

Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a) sections 47 to 53;

(b) where a reference is treated by virtue of section 49(1) as having been made under section 45(2) or (3), section 23(9)(ab) (as it has effect by virtue of section 42(6));

(c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;

(d) section 107, so far as relating to anything done on behalf of the CMA by the group;

(e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;

(g) section 118(4);

(h) section 120(5)(b), so far as relating to a decision of the group.

Intervention notices under section 42

62A

Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a) sections 63 to 65;

(b) where a reference is treated by virtue of section 64(2) as having been made under section 62(2), section 23(9)(ab) (as it has effect by virtue of section 59(6));

(c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A;

(d) section 107, so far as relating to anything done on behalf of the CMA by the group;

(e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group;

(g) section 118(4);

(h) section 120(5)(b), so far as relating to a decision of the group.

Contents of certain enforcement orders

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

110A

(1) No penalty shall be imposed by virtue of section 110(1)(a) or (b) if more than ten weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(2) In the following provisions of this section, “the section 109 power” means the power under section 109 to which the act or omission giving rise to the penalty in question relates.

(3) Where the section 109 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked.

(4) Except where subsection (3) applies, the relevant day is the day determined in accordance with the following provisions of this section.

(5) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a possible reference under section 22 , 33, 68B or 68C, the relevant day is the day when the CMA finally decides whether to make the reference.

(6) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a reference under section 22 , 33, 68B or 68C, the relevant day is the day when the reference is finally determined (see section 79).

(7) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a possible reference under section 45 or 62, the relevant day is the day when the Secretary of State finally decides whether to make the reference.

(8) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a reference under section 45 or 62, the relevant day is the day when the reference is finally determined.

(8A) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a foreign state intervention notice under section 70A, the relevant day is the day when the matter to which the notice relates is finally determined under Chapter 3A (see section 70F).

(9) Where the section 109 power is exercised for the purposes of assisting the CMA in carrying out any of its functions under or by virtue of section 95A(1) or 95B (see section 109A), the relevant day is the day when the transferred EU merger commitments concerned are waived or substituted by the European Commission.

(10) Where the section 109 power is exercised for the purposes of providing assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the relevant day is the earlier of—

(a) in the case of a penalty imposed by virtue of section 110(1)(a), the day on which the CMA gives notice to the relevant person that—

(i) the information or documents specified or described in the notice under section 109 have been produced or supplied to the satisfaction of the CMA, or

(ii) the relevant person has appeared as a witness in accordance with the requirements of the CMA;

(b) in the case of a penalty imposed by virtue of section 110(1)(b), the day on which the CMA gives notice to the relevant person that the CMA considers the obstruction or delay to have ceased; and

(c) in either case, the day one year on from the day specified in the notice under section 109 for the relevant person to comply with it.

(11) In subsection (10), “the relevant person” means the person given the notice under section 109.

110B

(1) For the purpose of section 110A(5), the CMA finally decides whether to make a reference under section 22 , 33, 68B or 68C if—

(a) the CMA decides that the duty to make such a reference applies;

(b) the CMA accepts an undertaking under section 73;

(c) the CMA decides not to make such a reference (otherwise than because it has accepted an undertaking under section 73);

(d) the initial period for the purposes of section 34ZA expires without the CMA having complied with the duty under subsection (1) of that section;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the period permitted by section 73A for the CMA to make a decision required by subsection (2)(a) or (3) of that section expires without the CMA having made the decision.

(2) For the purpose of section 110A(5), the time when the CMA finally decides whether to make a reference under section 22 , 33, 68B or 68C is—

(a) in a case falling within subsection (1)(a), the making of the decision that the duty to make such a reference applies;

(b) in a case falling within subsection (1)(b), the acceptance of the undertaking;

(d) in a case falling within subsection (1)(d), the expiry of the initial period;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in a case falling within subsection (1)(f), the expiry of the period in question.

(3) For the purpose of section 110A(7), the Secretary of State finally decides whether to make a reference under section 45 or 62 if—

(a) the Secretary of State makes such a reference;

(b) the Secretary of State accepts an undertaking under paragraph 3 of Schedule 7;

(c) the Secretary of State decides not to make such a reference (otherwise than because of the acceptance of an undertaking under paragraph 3 of Schedule 7);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of section 110A(7), the time when the Secretary of State finally decides whether to make a reference under section 45 or 62 is—

(a) in a case falling within subsection (3)(a), the making of the reference;

(b) in a case falling within subsection (3)(b), the acceptance of the undertaking;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Paragraph 7(8) to (10) of Schedule 7 applies for deciding if and when a reference under section 45(2) or (3) or 62(2) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of paragraph 7 of Schedule 7.

(6) Paragraph 8(7) to (9) of Schedule 7 applies for deciding if and when a reference under section 45(4) or (5) or 62(3) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of the definition of “relevant period” in paragraph 8(6) of that Schedule.

Duty to publish market study notice

Associated persons

Market studies

130A

(1) Where the CMA is proposing to carry out its functions under section 5 in relation to a matter for the purposes mentioned in subsection (2), the CMA must publish a notice under this section (referred to in this Part as a “market study notice”).

(2) The purposes are—

(a) to consider the extent to which a matter in relation to the acquisition or supply of goods or services of one or more than one description in the United Kingdom has or may have effects adverse to the interests of consumers; and

(b) to assess the extent to which steps can and should be taken to remedy, mitigate or prevent any such adverse effects.

(3) A market study notice shall, in particular, specify—

(a) the matter in relation to which the CMA is proposing to carry out its functions under section 5;

(b) the period during which representations may be made to the CMA in relation to the matter; and

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

133A

(1) Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted—

(a) sections 134 to 137, except for section 135(1);

(aa) sections 138 to 138B so far as relating to an adverse effect on competition in respect of which the CMA is required to take action in accordance with section 138(2) within the period permitted by section 138A(1);

(b) sections 140B to 145, 148, 148A and 151;

(ba) section 154A, so far as relating to undertakings in lieu of a report;

(d) section 159;

(e) section 160, except for subsection (6) of that section;

(f) section 161, except for subsection (5) of that section;

(fa) section 161C;

(g) section 162(4), so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;

(h) section 164(2)(b), so far as relating to an enforcement order made on behalf of the CMA by the group;

(i) sections 167 and 167A, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group;

(j) section 168;

(k) section 169, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section;

(l) section 172, so far as relating to anything done on behalf of the CMA by the group;

(m) section 174, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group;

(n) sections 174A to 174D, so far as relating to a notice given under section 174 on behalf of the CMA by the group;

(o) section 179(5)(b), so far as relating to a decision of the group;

(p) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA.

(2) Nothing in subsection (1) prevents the CMA Board from carrying out a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist—

(za) section 154A, so far as relating to undertakings in lieu of a report;

(a) section 160 and Schedule 10, so far as relating to the making of an order under section 160;

(b) sections 159 to 161 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(ca) section 162B;

(d) section 164(2)(b);

(e) sections 167 and 167A.

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

140A

(1) This section applies where—

(a) the CMA has prepared a market study report in relation to a matter within the period permitted by section 131B(4);

(b) an intervention notice under section 139(1) is in force in relation to the matter at the time when the CMA would (but for this section) be required to publish the report; and

(c) the report contains the decision of the CMA that it should make an ordinary reference or a cross-market reference in relation to the matter under section 131.

(2) This section also applies where—

(a) the CMA has conducted a consultation under section 169 in respect of a decision of the kind mentioned in subsection (6)(a)(i) of that section;

(b) the CMA has decided that it should make an ordinary reference or a cross-market reference in relation to the matter concerned under section 131; and

(c) an intervention notice under section 139(1) is in force in relation to the matter at the time when the CMA makes that decision.

(3) The CMA—

(a) shall not exercise the power under section 131 to refer the matter;

(b) in a case falling within subsection (1), shall not publish the market study report under section 131B(4) and shall instead, within the period mentioned in section 131B(4), give the report to the Secretary of State; and

(i) its decision and the reasons for its decision; and

(ii) such information as the CMA considers appropriate for facilitating a proper understanding of the reasons for its decision.

(4) The Secretary of State shall decide whether any public interest consideration which was mentioned in the intervention notice is relevant to the matter in question.

(5) Where the Secretary of State decides that there is no relevant public interest consideration—

(a) the Secretary of State shall (in accordance with the CMA's decision) make a reference in relation to the matter to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013; and

(b) the reference is to be treated for the purposes of this Part as an ordinary reference or (as the case may be) a cross-market reference made under section 131 in accordance with the requirements imposed by this Part.

(6) Where the Secretary of State decides that there is one or more than one relevant public interest consideration, the Secretary of State shall (in accordance with the CMA's decision) make a reference in relation to the matter to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

(7) The Secretary of State shall specify in a reference made under subsection (6)—

(a) the relevant public interest consideration or considerations; and

(b) whether the reference is a restricted PI reference or a full PI reference (as to which, see sections 141 and 141A respectively).

(8) Where the Secretary of State makes a full PI reference under subsection (6), the reference shall also specify whether the Secretary of State proposes to appoint a public interest expert under section 141B.

(9) For the purposes of this Part, a reference under subsection (6) is to be treated—

(a) in a case where the decision of the CMA was that it should make an ordinary reference, as an ordinary reference;

(b) in a case where the decision of the CMA was that it should make a cross-market reference, as a cross-market reference.

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