The Competition (Amendment etc.) (EU Exit) Regulations 2019

PART 4 U.K. Inspections and investigations under Parts 2 and 2A of the 1998 Act

[F1 8C.— (1) This paragraph applies where, on or after IP completion day, the European Commission has ordered an Article 20 inspection, an Article 21 inspection, or an Article 22(2) inspection (as defined in section 61 of the 1998 Act) in relation to a case in which it has continued competence in accordance with Article 92 of the EU withdrawal agreement. U.K.

(2) Despite its repeal by these Regulations, Part 2 of the 1998 Act continues to have effect on and after IP completion day.

(3) Part 4 of the 1998 Act has effect—

(a) as if, in subsection 72(1), after “sections 42 to 44” there were inserted “or 65”;

(b) without the modifications made by regulations 26(3) and (4) of these Regulations;

(c) as if section 73(8)(b) read “that may be conferred by a warrant under section 28, 28A, 62, 62A or 63”;

(d) without the modification made by regulation 27 of these Regulations.

(4) The Schedule to the Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014 has effect—

(a) as if, in rule 2, paragraph (1) read—

“These Regulations apply when the CMA takes investigation or enforcement action under the Act in relation to the Chapter I prohibition or the Chapter II prohibition, or investigation action under Part 2 of the Act in relation to the prohibition in Article 101(1) or Article 102”; and

(b) without the modifications made by paragraph 4(4) of Schedule 2 to these Regulations.]

Textual Amendments

F1 Sch. 4 para. 8C inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2)

Commencement Information

I1 Sch. 4 para. 8C in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

9.   [F2 On and after IP completion day]—

(a) [F3 except in relation to cases in which the European Commission has continued competence in accordance with Article 92 of the EU withdrawal agreement,] the CMA and other persons may not take or continue any action for the purposes of, or in connection with, an Article 20 inspection, an Article 21 inspection or an Article 22(2) inspection (as defined in section 61 of the 1998 Act M1 ) in reliance on Part 2 of the 1998 Act; and

(b) the CMA may not continue an Article 22(1) investigation (as defined in section 65C(1) of the 1998 Act M2 ).

Textual Amendments

F2 Words in Sch. 4 para. 9 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(3)(a)

F3 Words in Sch. 4 para. 9(a) inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(3)(b)

Commencement Information

I2 Sch. 4 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 Section 61 was amended by paragraphs 1 and 4 of Schedule 13 to, and paragraphs 1 and 40 of Schedule 5 to, the Enterprise and Regulatory Reform Act 2013 and S.I. 2012/1809.

M2 Section 65C(1) was inserted by S.I. 2004/1261 and amended by paragraphs 1 and 45 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.

10.  A warrant issued and in force under section 62(1) M3 , 62A(1) M4 , 63(1) M5 , 65G(1) M6 or 65H(1) M7 of the 1998 Act ceases to have effect on [F4 IP completion day, except where the warrant relates to a case in which the European Commission has continued competence in accordance with article 92 of the EU withdrawal agreement]. U.K.

Textual Amendments

F4 Words in Sch. 4 para. 10 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(4)

Commencement Information

I3 Sch. 4 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M3 Section 62(1) was amended by paragraphs 1 and 5 of Schedule 13 to the Enterprise and Regulatory Reform Act 2013 and by S.I. 2004/1261.

M4 Section 62A(1) was inserted by S.I. 2004/1261 and amended by paragraphs 1 and 6 of Schedule 13 to the Enterprise and Regulatory Reform Act 2013.

M5 Section 63(1) was amended by paragraphs 1 and 44 of Schedule 5 to, and paragraphs 1 and 7 of Schedule 13 to the Enterprise and Regulatory Reform Act 2013, and by S.I. 2004/1261.

M6 Section 65G(1) was inserted by S.I. 2004/1261 and amended by paragraphs 1 and 9 of Schedule 13 to, and paragraphs 1 and 49 of Schedule 5 to, the Enterprise and Regulatory Reform Act 2013.

M7 Section 65H(1) was inserted by S.I. 2004/1261 and amended by paragraphs 1 and 10 of Schedule 13 to, and paragraphs 1 and 50 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.

11.  A notice given under section 65E(2) M8 or 65F(2) M9 of the 1998 Act ceases to have effect on [F5 IP completion day]. U.K.

Textual Amendments

F5 Words in Sch. 4 para. 11 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(5)

Commencement Information

I4 Sch. 4 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M8 Section 65E(2) was inserted by S.I. 2004/1261.

M9 Section 65F(2) was inserted by S.I. 2004/1261.

12.  Despite their repeal by these Regulations, sections 65B M10 and 65K M11 of the 1998 Act (use of statements in prosecution) continue to have effect on and after [F6 IP completion day] in relation to statements made before [F6 IP completion day]. U.K.

Textual Amendments

F6 Words in Sch. 4 para. 12 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(5)

Commencement Information

I5 Sch. 4 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M10 Section 65B was inserted by S.I. 2004/1261.

M11 Section 65K was inserted by S.I. 2004/1261.