SCHEDULETRANSITIONAL PROVISIONS AND SAVINGS: THE COMPETITION AND MARKETS AUTHORITY AND COMPETITION REFORM

Markets

Public interest interventionsI19

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.