SCHEDULETRANSITIONAL PROVISIONS AND SAVINGS: THE COMPETITION AND MARKETS AUTHORITY AND COMPETITION REFORM
Markets
General: existing matters8
1
The amendments made by Chapter 2 of Part 4 of the Act or section 49 or 50 of the Act (markets) apply in relation to—
a
any reference made under section 131 or 132 of the 2002 Act27 before the commencement date, or
b
any possible reference under section 131 or 132 of the 2002 Act which arose before that date,
as they apply in relation to any such reference made, or arising, on or after that date.
2
In particular, the amendments mentioned in sub-paragraph (1) apply in relation to investigations begun, notices given, reports published, undertakings accepted and orders made before the commencement date as they apply in relation to investigations begun, notices given, reports published, undertakings accepted and orders made on or after that date.
3
Sub-paragraph (2) is without prejudice to the generality of sub-paragraph (1).
4
This paragraph is subject to paragraphs 9 to 12 and 16.
Public interest interventions9
1
The amendments made by section 35 of, and Schedule 10 to, the Act (public interest interventions in markets investigations) do not apply in relation to—
a
any reference made under section 131 or 132 of the 2002 Act before the commencement date, or
b
any case where the OFT has published a notice of a proposed undertaking in lieu under section 155(1) or (4) of the 2002 Act28 before the commencement date.
2
In their application to cases where the OFT has publicly launched a market study before the commencement date but sub-paragraph (1) does not apply, sections 139 to 140A of the 2002 Act have effect as if—
a
section 139(A1) provided for section 139 to apply where the OFT has publicly launched a market study in relation to a matter,
b
the permitted period for the purposes of section 139(1) were the period beginning with the public launch of the market study and ending with—
i
the acceptance by the CMA of an undertaking under section 154 instead of the making of a reference under section 131 in relation to the matter,
ii
the publication of notice of the fact that the CMA has otherwise decided not to make such a reference in relation to the matter, or
iii
the making of such a reference in relation to the matter,
c
section 140(1)(a) and (b) required an intervention notice under section 139(1) to state—
i
the matter to which the publicly launched market study relates, and
ii
the date of the public launch,
d
the references in section 140(4B)(b) and 140A(1) to preparing a market study report in relation to a matter within the period permitted by section 131B(4) were references to preparing a report on the market study concerned in relation to a matter,
e
sections 140(4C) and (5)(zc) and 140A(2), (3)(c) and (11) were omitted,
f
in section 140(6)(a) the word “”(zc),” were omitted,
g
the reference in section 140A(1)(b) to the CMA being required to publish the report were a reference to the CMA publishing the report on the market study concerned,
h
section 140A(3)(b) required the CMA not to publish the report but to give it to the Secretary of State, and
i
the reference in section 140A(10) to the market study report were a reference to the report.
Investigation powers10
1
2
In their continued application by virtue of sub-paragraph (1), sections 109 to 116 of the 2002 Act32 and any related provisions have effect without the amendments made by section 29 of the Act.
3
In its application to cases where the OFT has publicly launched a market study before the commencement date—
a
section 174(1)(a) of the 2002 Act has effect as if the reference to the publication of a market study notice were a reference to the public launch of a market study,
b
section 174C(1) has effect as if for paragraphs (a) and (b) there were substituted “the CMA publishes the report on the market study concerned or (as the case may be) gives it to the Secretary of State under section 140A(3)(b)”, and
c
section 174C(2) has effect as if for paragraphs (a) and (b) there were substituted “the publication of the report or (as the case may be) the giving of it to the Secretary of State”.
Time-limits for market studies and market references11
1
The amendments made by paragraphs 1, 2, and 10 of Schedule 12 to the Act (market studies and time-limits) do not apply in relation to any market study publicly launched by the OFT before the commencement date (or any reference made under section 131 or 132 of that Act before that date).
2
The amendments made by paragraphs 3 and 6 of Schedule 12 to the Act (time-limits for market investigations and reports) do not apply in relation to any reference made under section 131 or 132 of the 2002 Act before the commencement date.
Time-limits for duty to remedy adverse effects12
The amendments made by paragraphs 4 and 5 of Schedule 12 to the Act (time-limits for remedying adverse effects) do not apply in relation to a report of the Commission—
a
of the kind mentioned in section 138(1) of the 2002 Act33, and
b
published before the commencement date.