Enterprise and Regulatory Reform Act 2013

Cross-market investigations

33 Power 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);”, 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);”.

34 Ministerial 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.