Competition Act 1998

[F1 PART 2 U.K. PROCEDURAL REQUIREMENTS FOR THE RELEASE OF COMMITMENTS

Textual Amendments

F1 Sch. 6A inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 52

10. U.K. Paragraph 11 applies where the [F2 CMA] proposes to release any commitments under section 31A.

Textual Amendments

F2 Word in Sch. 6A para. 10 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(10) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

11. (1) Before releasing the commitments, the [F3 CMA] must— U.K.

(a) give notice under this paragraph;

(b) send a copy of the notice to the person (or persons) who gave the commitments; and

(c) consider any representations made in accordance with the notice and not withdrawn.

(2) A notice under this paragraph must state—

(a) the fact that a release is proposed;

(b) the reasons for it; and

(c) the period within which representations may be made in relation to the proposed release.

(3) The period stated for the purposes of sub-paragraph (2)(c) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

Textual Amendments

F3 Word in Sch. 6A para. 11(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(11) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

12. U.K. If after giving notice under paragraph 11 the [F4 CMA] decides not to proceed with the release, it must—

(a) give notice that it has so decided; and

(b) send a copy of the notice to the person (or persons) who gave the commitments.

Textual Amendments

F4 Word in Sch. 6A para. 12 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(12) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

13. U.K. As soon as practicable after releasing the commitments, the [F5 CMA] must—

(a) publish the release in such manner as it considers appropriate; and

(b) send a copy of the release to the person (or persons) who gave the commitments.

Textual Amendments

F5 Word in Sch. 6A para. 13 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(13) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

14. U.K. A notice under paragraph 11 or 12 shall be given by—

(a) sending a copy of the notice to such other person or persons as the [F6 CMA] considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or

(b) publishing the notice in such manner as the [F6 CMA] considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.]

Textual Amendments

F6 Word in Sch. 6A para. 14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(14) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)