The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 1 and Savings and Transitional Provisions) Regulations 2024

Saving and transitional provision: Part 3 (investigations under Part 4 of EA 2002 (market studies and market investigations)) of Schedule 10 to the Act

15.—(1) The amendments to EA 2002 made by section 143(1)(b) of, and paragraphs 27 to 34 of Schedule 10 to, the Act have no effect in relation to a relevant act or omission where the relevant act or omission occurred—

(a) before the commencement date; or

(b) on or after the commencement date, but the relevant act or omission occurred in relation to—

(i) a requirement imposed by notice under section 174 of EA 2002 before the commencement date; or

(ii) in the case of an act or omission of a kind described within section 174(1A)(1) of EA 2002, a non-compulsory information request made before the commencement date.

(2) For the purposes of sub-paragraph (1)—

“non-compulsory information request” means a written request—

(a)

made by the relevant authority (within the meaning given by section 174A(1B)(2) of EA 2002);

(b)

addressed to a specific person to provide information relating to the relevant authority’s functions under Part 4 of EA 2002; and

(c)

made where that request does not amount to a requirement to provide information imposed under Part 4 of EA 2002

“a relevant act or omission” is an act or omission of the kind described within the following sections of EA 2002—

(a)

section 174(1) or (1A) (as inserted by paragraph 27 of Schedule 10 to the Act);

(b)

section 116A(1) (as applied by section 180 of EA 2002 as amended by paragraph 32 of Schedule 10 to the Act).

(3) The amendments to section 174D (penalties) of EA 2002 made by paragraph 29 of Schedule 10 to the Act have no effect in relation to the continued operation of the Competition and Markets Authority (Penalties) Order 2014 in a case where those amendments have no effect by virtue of this paragraph.

(1)

Section 174 was amended by section 36 of, and paragraph 204 of Schedule 5 to, the 2013 Act.

(2)

Section 174(1A) and (1B) is inserted by paragraph 27 of Schedule 10 to the Act.