Explanatory Notes

Enterprise and Regulatory Reform Act 2013

2013 CHAPTER 24

25 April 2013

Commentary on Sections

Part 3: the Competition and Markets Authority and Part 4: Competition Reform

Part 3: the Competition and Markets Authority

Schedule 5: Amendments related to Part 3

Part 2: Transfer of functions under the Enterprise Act 2002 to the Competition and Markets Authority
Competition and Markets Authority’s functions in relation to markets

210.Paragraphs 163 to 209 deal with the transfer of the market investigation reference functions of the OFT and CC to the CMA, while preserving the two phase approach to decision-making. Responsibility for the markets functions in the CMA will generally fall to the CMA Board where the function is currently carried out by the OFT, and to groups constituted by the CMA chair where the function is currently carried out by the CC. Section 133A (inserted by paragraph 166) specifies various functions that are to be carried out by a group when a market investigation reference has been made. As set out above, the CMA Board is required to make rules for market reference groups.