Enterprise and Regulatory Reform Act 2013 (c. 24)

PART 4 U.K. Competition Reform

CHAPTER 2 U.K. Markets

Cross-market investigations U.K.

33 Power of CMA to make cross-market references U.K.

(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);”, and

(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);”.

Commencement Information

I1 S. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

34 Ministerial power to make cross-market references U.K.

(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.

Commencement Information

I2 S. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)