PART 4Competition Reform
CHAPTER 2Markets
Cross-market investigations
I133Power of CMA to make cross-market references
1
Section 131 of the 2002 Act (power to make market investigation references) is amended as follows.
2
After subsection (2) insert—
2A
In a case where the feature or each of the features concerned falls within subsection (2)(b) or (c), a reference under subsection (1) may be made in relation to more than one market in the United Kingdom for goods or services.
3
In subsection (4)(a), for “section 156(1)” substitute “
section 156(A1) or (1)
”
.
4
In subsection (6)—
a
before the definition of “market in the United Kingdom” insert—
“cross-market reference” means a reference under this section which falls within subsection (2A) or a reference under section 132 which falls within subsection (3A) of that section (and see section 140A);
b
after the definition of “market investigation reference” insert—
“ordinary reference” means a reference under this section or section 132 which is not a cross-market reference (and see section 140A);
I234Ministerial power to make cross-market references
1
Section 132 of the 2002 Act (ministerial power to make market investigation references) is amended as follows.
2
After subsection (3) insert—
3A
In a case where the feature or each of the features concerned falls within section 131(2)(b) or (c), a reference under subsection (3) may be made in relation to more than one market in the United Kingdom for goods or services.
3
In subsection (4), for “section 156(1)” substitute “
section 156(A1) or (1)
”
.
4
Schedule 9 (which contains amendments of Part 4 of the 2002 Act which are consequential on section 33 and this section) has effect.