Digital Markets, Competition and Consumers Act 2024

Chapter 5 U.K. Miscellaneous

Prospective

142 Attendance of witnesses etc U.K.

(1) Section 26A of CA 1998 (investigations: power to ask questions) is amended as follows.

(2) In subsection (1)—

(a) in the words before paragraph (a) omit “who has a connection with a relevant undertaking”;

(b) in paragraph (a), after “at a place” insert “or in a manner (which may be remote)”.

(3) In subsection (2), for “each” substitute “any”.

(4) For subsection (6) substitute—

“(6) For the purposes of this section, an individual has a current connection with an undertaking if, at the time in question, the individual is—

(a) concerned in the management or control of the undertaking, or

(b) employed by, or otherwise working for, the undertaking.”

(5) In section 109(1) of EA 2002 (attendance of witnesses and production of documents etc: Part 3), in paragraph (a) for “place” substitute “at a place, or in a manner (which may be remote),”.

(6) In section 174(3) of EA 2002 (attendance of witnesses and production of documents etc: Part 4), in paragraph (a) for “place” substitute “at a place, or in a manner (which may be remote),”.

Commencement Information

I1 S. 142 not in force at Royal Assent, see s. 339(1)

Prospective

143 Civil penalties etc in connection with competition matters U.K.

(1) Schedule 10 makes provision for, and in connection with, the imposition of civil penalties in relation to investigations under—

(a) Part 1 of CA 1998 (competition);

(b) Parts 3 (mergers) and 4 (market studies and market investigations) of EA 2002.

(2) Schedule 11 makes provision for, and in connection with, the imposition of civil penalties in relation to breaches of—

(a) commitments and directions under Part 1 of CA 1998;

(b) undertakings and orders under Parts 3 and 4 of EA 2002.

(3) Schedule 12 makes provision providing that certain functions being conferred on the CMA by Schedules 10 and 11 are not exercisable concurrently by sectoral regulators.

Commencement Information

I2 S. 143 not in force at Royal Assent, see s. 339(1)

Prospective

144 Service and extra-territoriality of notices under CA 1998 and EA 2002 U.K.

Schedule 13 makes provision about—

(a) the service of documents under Chapter 3 of Part 1 of CA 1998 (investigation and enforcement) and Parts 3 (mergers) and 4 (market studies and market investigations) of EA 2002;

(b) the extra-territorial application of notices under sections 26 and 40ZD of CA 1998 and sections 109(2) and (3) and 174(4) and (5) of EA 2002.

Commencement Information

I3 S. 144 not in force at Royal Assent, see s. 339(1)

145 Orders and regulations under CA 1998 and EA 2002 U.K.

Schedule 14 makes provision about the making of orders and regulations under—

(a) CA 1998, and

(b) Parts 3 (mergers) and 4 (market studies and market investigations) of EA 2002.

Commencement Information

I4 S. 145 in force at Royal Assent for specified purposes, see s. 339(2)(c)

Prospective

146 Meaning of “working day” in Parts 3 and 4 of EA 2002 U.K.

(1) Part 3 of EA 2002 (mergers) is amended as follows.

(2) In Chapter 1 (duty to make references)—

(a) in section 25 (extension of time limits)—

(i) in subsection (1), after “20” insert “working”;

(ii) in subsection (5), in paragraph (b), after “10” insert “working”;

(b) omit section 32 (supplementary provision for the purposes of section 25);

(c) in section 34ZA(3) (time limits for decisions about references) omit the definition of “working day”;

(d) in section 34ZB (extension of time limits) omit subsection (9);

(e) in section 34ZC (sections 34ZA and 34ZB: supplementary) omit subsection (9).

(3) In Chapter 2 (public interest cases)—

(a) in section 54 (decision of Secretary of State in public interest cases)—

(i) in subsection (5), after “30” insert “working”;

(ii) omit subsection (8);

(b) in section 56 (competition cases where intervention on public interest grounds ceases)—

(i) in subsection (4), in paragraph (b), after “20” insert “working”;

(ii) omit subsection (5).

(4) In Chapter 4 (enforcement), in section 73A (time limits for consideration of undertakings) omit subsection (12).

(5) In Chapter 5 (supplementary)—

(a) in section 129(1) (other interpretative provisions), at the appropriate place insert—

• ““working day” means any day other than—

  (a)

  a Saturday or Sunday, or

  (b)

  a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”;

(b) in section 130 (index of defined expressions), at the appropriate place insert—

“Working day

Section 129(1)”.

(6) In Part 4 of EA 2002 (market studies and market investigations), in section 151 (public interest intervention cases: interaction with general procedure)—

(a) in subsection (3), after “20” insert “working”;

(b) in subsection (5), after “20” insert “working”;

(c) omit subsection (6);

(d) at the end insert—

“(7) In this section, “working day” means any day other than—

(a) a Saturday or Sunday, or

(b) a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”

(7) In regulation 2(1) of the Enterprise Act 2002 (Merger Prenotification) Regulations 2003 (S.I. 2003/1369), for the definition of “working day” substitute—

• ““working day” means any day other than—

  (a)

  a Saturday or Sunday, or

  (b)

  a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”

Commencement Information

I5 S. 146 not in force at Royal Assent, see s. 339(1)