Termination of EU elements of on-going investigations
This section has no associated Explanatory Memorandum
6.—(1) This paragraph applies where, immediately before exit day, the CMA is conducting an investigation which has both domestic elements and EU elements.
(2) Anything done before exit day for the purposes of, or in connection with, the EU elements of the investigation is to be treated, on and after exit day, as done for the purposes of, or in connection with, the domestic elements of the investigation.
(3) The reference in sub-paragraph (2) to anything done includes anything omitted to be done.
(4) On and after exit day—
(a)a notice validly issued before exit day under section 26(), 26A(), or 27() of the 1998 Act for the purposes of the EU elements of the investigation is to be treated as validly issued for the purposes of the domestic elements of the investigation;
(b)a warrant validly issued, or an application for a warrant made, before exit day under section 28() or 28A() of the 1998 Act for the purposes of the EU elements of the investigation is to be treated as validly issued or made in connection with the domestic elements of the investigation;
(c)documents and other information obtained, and representations made, before exit day for the purposes of, or in connection with, the EU elements of the investigation are to be treated as obtained or made for the purposes of, or in connection with, the domestic elements of the investigation; and
(d)a commitment accepted under section 31A of the 1998 Act before exit day for the purposes of addressing a competition concern identified during the course of the EU elements of the investigation, and not released before exit day, continues in force until released.
(5) Sub-paragraph (4) is without prejudice to the generality of sub-paragraph (2).
(6) On and after exit day a notice given before exit day under section 31(1)() of the 1998 Act is to be treated as if any reference to a proposed decision described in section 31(2)(c) or (d) of the 1998 Act were omitted.