SCHEDULES

SCHEDULE 4The Competition and Markets Authority

PART 3The CMA panel

Requirement to make rules of procedure for certain groups

I1I251

1

The CMA Board must make rules of procedure for merger reference groups, market reference groups, and special reference groups.

2

Those rules are subject to any provision made by or under any enactment in respect of the procedure of a CMA group.

3

Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.

4

The CMA Board must publish rules made under this paragraph in whatever manner it considers appropriate for bringing them to the attention of those likely to be affected by them.

5

Subject to rules made under this paragraph, and to any provision made by or under any enactment, a CMA group of a type referred to in sub-paragraph (1) may determine its own procedure.

6

In this paragraph and paragraph 53—

a

“market reference group” means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;

C1b

“merger reference group” means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;

c

“special reference group” means a CMA group constituted in connection with a reference under—

i

section 11 of the Competition Act 1980;

ii

section 41E of the Gas Act 1986;

iii

section 56C of the Electricity Act 1989;

iv

section 12, 14 or 17K of the Water Industry Act 1991;

F1v

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

vi

section 13 of, or Schedule 4A to, the Railways Act 1993;

F2vii

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

viii

section 12 of the Transport Act 2000;

ix

section 193 of the Communications Act 2003;

x

article 3 of the Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172).