Textual Amendments
F1Pt. 2A 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. 44
(1)In any of the following cases, the [F2CMA] may conduct an Article 22(1) investigation.
(2)The first case is where there are reasonable grounds for suspecting that there is an agreement which—
(a)may affect trade between Member States; and
(b)has as its object or effect the prevention, restriction or distortion of competition within [F3the European Union].
(3)The second case is where there are reasonable grounds for suspecting that the prohibition in [F4Article 102] has been infringed.
(4)The third case is where there are reasonable grounds for suspecting that, at some time in the past, there was an agreement which at that time—
(a)may have affected trade between Member States; and
(b)had as its object or effect the prevention, restriction or distortion of competition within [F3the European Union].
(5)It is immaterial for the purposes of subsection (4) whether the agreement in question remains in existence.
(6)A provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice.]
Textual Amendments
F2Word in s. 65D(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 46 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))
F4Words in s. 65D(3) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))