The Competition (Amendment etc.) (EU Exit) Regulations 2019

Intervention to protect legitimate interests: European intervention notice before exit day

33.—(1) This paragraph applies in a case falling within paragraph 28(1) in which before exit day—

(a) the CMA has given a report to the Secretary of State under article 8 of the 2003 Order in relation to the case; and

(b) the Secretary of State has not made a decision in relation to the case under article 12(2) of the 2003 Order.

(2) The reference under article 5(2) or (3) of the 2003 Order is to be treated on and after exit day as if it were a reference under section 45(2) or (4) of the 2002 Act (as appropriate).

(3) The CMA must prepare a revised report in relation to the case and give it to the Secretary of State within the period of 12 weeks beginning with exit day.

(4) On and after exit day—

(a) if it has not already been published before exit day, the Secretary of State is not required to publish the report under article 8 of the 2003 Order; and

(b) Part 3 of the 2002 Act has effect as if the references to a report under section 50 of that Act were references to the revised report required under sub-paragraph (3) of this paragraph but this is subject to sub-paragraph (5).

(5) Where the CMA is required to prepare a revised report under sub-paragraph (3)—

(a) section 43 of the 2002 Act has effect as if the reference in subsection (4)(e) of that section to the time within which the CMA is to prepare a report under section 50 and give it to the Secretary of State were a reference to the time within which the revised report is to be prepared and given to the Secretary of State under sub-paragraph (3) of this paragraph;

(b) section 50 of the 2002 Act has effect as if subsection (1) were omitted;

(c) section 51 of the 2002 Act has effect as if subsection (1) were omitted; and

(d) section 52 has effect as if subsections (8) to (13) were omitted.

(6) For the purposes of section 34C of the 2002 Act(1), the group constituted in consequence of the reference under article 5(2) or (3) of the 2003 Order in relation to the case is to be treated on and after exit day as if it were constituted in consequence of a reference under section 45(2) or (4) of the 2002 Act (as appropriate).

(1)

Section 34C was inserted by paragraphs 59 and 74 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.