Prospective
Potential competition infringementsU.K.
10(1)A discretionary exclusion ground applies to a supplier if the decision-maker considers that the supplier or a connected person has engaged in conduct constituting—
(a)an offence under section 188 of the Enterprise Act 2002 (cartel offence), or
(b)a substantially similar offence under the law of a country or territory outside the United Kingdom.
(2)Sub-paragraph (1) does not apply if—
(a)the CMA has given written notice to the supplier or connected person under section 190(4) of the Enterprise Act 2002 (immunity from prosecution for cartel offences) in connection with the conduct, or
(b)a regulator or other authority outside the United Kingdom has determined that the supplier or connected person is immune from prosecution in respect of the conduct.
Commencement Information
I1Sch. 7 para. 10 not in force at Royal Assent, see s. 127(2)