Digital Markets, Competition and Consumers Act 2024

Section 325

Schedule 28 Provision of investigative assistance to overseas regulators

Amendments to Part 3 of EA 2002

1 Chapter 5 of Part 3 of EA 2002 (mergers: supplementary) is amended as follows.

2 In section 110A (restriction on powers to impose penalties under section 110), after subsection (9) insert—

“(10) Where the section 109 power is exercised for the purposes of providing assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the relevant day is the earlier of—

(a) in the case of a penalty imposed by virtue of section 110(1)(a), the day on which the CMA gives notice to the relevant person that—

(i) the information or documents specified or described in the notice under section 109 have been produced or supplied to the satisfaction of the CMA, or

(ii) the relevant person has appeared as a witness in accordance with the requirements of the CMA;

(b) in the case of a penalty imposed by virtue of section 110(1)(b), the day on which the CMA gives notice to the relevant person that the CMA considers the obstruction or delay to have ceased; and

(c) in either case, the day one year on from the day specified in the notice under section 109 for the relevant person to comply with it.

(11) In subsection (10), “the relevant person” means the person given the notice under section 109.”

3 In section 111 (penalties: amount) (as amended by paragraph 17 of Schedule 10), in subsection (5), in paragraph (b)—

(a) in the words before sub-paragraph (i), after “at the beginning of” insert “the earliest of the following days”;

(b) omit the “or” at the end of sub-paragraph (i);

(c) in sub-paragraph (ii) omit “if earlier”;

(d) after that sub-paragraph insert—

“(iii) in a case where the penalty is imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.”

4 (1) Section 120 (reviews of decisions under Part 3) is amended as follows.

(2) In subsection (1A), after paragraph (b) insert—

“(c) a decision of the CMA or the Secretary of State for the purposes of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.”

(3) In subsection (2), in paragraph (b)—

(a) the words after “permitted or required by” become sub-paragraph (i);

(b) after that sub-paragraph insert—

“(ii) Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.”

Amendment to Part 9 of EA 2002

5 In Part 9 of EA 2002 (information), in section 243E (directions by the Secretary of State relating to overseas disclosures) (inserted by section 326(2)), after subsection (2) insert—

“(2A) The Secretary of State may not make a direction under this section in relation to a disclosure permitted under section 243A or 243B that relates to assistance provided by a relevant regulator to an overseas regulator by virtue of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.”

6 In Schedule 14 to EA 2002 (specified functions), at the appropriate place insert—

• “Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.”

7 In Schedule 15 to EA 2002 (enactments conferring functions), at the appropriate place insert—

• “Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.”

Amendments to CA 1998

8 CA 1998 is amended as follows.

9 (1) Section 25A (power of CMA to publish notice of investigation) is amended as follows.

(2) In the heading, at the end insert “etc”.

(3) After subsection (1) insert—

“(1A) Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the CMA may publish a notice which may, in particular—

(a) state its decision to do so;

(b) identify the overseas regulator concerned;

(c) summarise the matter in respect of which the assistance is to be provided;

(d) identify any undertaking in respect of which the assistance is to be provided;

(e) identify the market which is or was affected by the matter in respect of which the assistance is to be provided.”

(4) In subsection (2)—

(a) after “subsection (1)” insert “or (1A)”;

(b) for “that subsection” substitute “the subsection concerned”.

10 (1) Section 25B (duty to preserve documents relevant to investigations) (inserted by section 121) is amended as follows.

(2) In subsection (1)—

(a) the words after “knows or suspects that” become paragraph (a);

(b) after that paragraph insert “, or

(b) the CMA is assisting, or is likely to assist, an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024).”;

(3) In subsection (2), at the end insert “or to the provision of such assistance”.

11 In section 40A (penalties: amount), in subsection (7), after paragraph (c) insert—

“(d) in a case where the requirement was imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.”