SCHEDULE 4Saving and transitional provision

PART 3CMA investigations under Part 1 of the 1998 Act

Cases in which CMA relieved of competence by EU law

8.—(1) This paragraph applies where, immediately before exit day—

(a)the CMA has been relieved of competence in a case under Article 11(6) of Council Regulation (EC) No. 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty in relation to a case by the European Commission initiating proceedings;

(b)the European Commission has reached a decision in the case under Chapter III of that Regulation; and

(c)the decision has not been annulled in full or in part by the European Court.

(2) On and after exit day the CMA may not conduct an investigation by virtue of section 25(2), (4) or (6) of the 1998 Act into the agreement, decision, concerted practice or abuse of a dominant position with which that case was concerned.

(3) Sub-paragraph (2) ceases to have effect in any case where on or after exit day the European Commission’s decision is annulled in full or in part by the European Court.