The Competition (Amendment etc.) (EU Exit) Regulations 2020

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation, commencement, extent and interpretation

3. PART 2 Amendment of Part 2 of the 2019 Regulations: amendment of the Competition Act 1998

   1. 2. Part 2 of the 2019 Regulations is amended as follows....

   2. 3. After regulation 7, insert— In section 30A(1), for “sections 26 and 27 to 28A”...

   3. 4. After regulation 13, insert— After section 40, insert— Transferred EU anti-trust commitments and transferred...

   4. 5. In regulation 23, in inserted section 60A of the Competition...

   5. 6. In regulation 29, for paragraph (3), substitute—

4. PART 3 Amendment of Part 3 of the 2019 Regulations: amendment of the Enterprise Act 2002

   1. 7. Part 3 of the 2019 Regulations is amended as follows....

   2. 8. After regulation 48 insert— After section 95 insert— Transferred EU merger commitments Transferred EU...

   3. 9. After regulation 50 insert— After section 109 insert— Transferred EU merger commitments: witnesses, documents...

   4. 10. After regulation 51 insert— (1) Section 120 is amended as follows.

   5. 11. In regulation 55, after paragraph (c) insert—

5. PART 4 Amendment of Part 4 of the 2019 Regulations: amendment of other primary legislation

   1. 12. Schedule 1 to the 2019 Regulations is amended as follows....

   2. 13. Company Directors Disqualification Act 1986

   3. 14. Gas Act 1986

   4. 15. Electricity Act 1989

   5. 16. Water Industry Act 1991

   6. 17. Electricity (Northern Ireland) Order 1992

   7. 18. Railways Act 1993

   8. 19. Gas (Northern Ireland) Order 1996

   9. 20. Financial Services and Markets Act 2000

   10. 21. Transport Act 2000

   11. 22. Company Directors Disqualification (Northern Ireland) Order 2002

   12. 23. Communications Act 2003

   13. 24. Water and Sewerage Services (Northern Ireland) Order 2006

   14. 25. Health and Social Care Act 2012

   15. 26. Civil Aviation Act 2012

   16. 27. Financial Services (Banking Reform) Act 2013

6. PART 5 Amendment of Part 5 of the 2019 Regulations: amendment of subordinate legislation

   1. 28. Schedule 2 to the 2019 Regulations is amended as follows....

   2. 29. The Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000

   3. 30. The Competition Act 1998 (Determination of Turnover for Penalties) Order 2000

   4. 31. The Competition Act 1998 (Concurrency) Regulations 2014

   5. 32. The Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014

   6. 33. The Water Mergers (Modification of Enactments) Regulations 2004

7. PART 6 Amendment of Part 6 of the 2019 Regulations: amendment of retained direct EU legislation

   1. 34. Amendment of Schedule 3: amendment of retained direct EU legislation

8. PART 7 Amendment of Part 7 of the 2019 Regulations: saving and transitional provision

   1. CHAPTER 1 Competition Act 1998

      1. 35. Amendment of Part 2 of Schedule 4: Exemptions from the Chapter 1 prohibition

      2. 36. Amendment of Part 3 of Schedule 4: CMA investigations under Part 1 of the 1998 Act

      3. 37. Amendment of Part 4 of Schedule 4: Inspections and investigations under Parts 2 and 2A of the 1998 Act

      4. 38. Amendment of Part 5 of Schedule 4: Redress schemes further to European Commission decisions

      5. 39. Amendment of Part 6: Court and tribunal proceedings relating to competition

      6. 40. Insertion of Part 6A: Concentrations subject to EU controls in accordance with the EU withdrawal agreement

   2. CHAPTER 2 Enterprise Act 2002 and other merger control legislation

      1. 41. Part 7 of Schedule 4 to the 2019 Regulations is...

      2. 42. In the heading of Part 7, after “2002” insert “and...

      3. 43. In paragraph 18, in the definition of “EC Merger Regulation”,...

      4. 44. Omit paragraph 19.

      5. 45. After paragraph 19 insert— EU merger decisions annulled in full...

      6. 46. Article 22 cases referred to European Commission before IP completion day

      7. 47. Omit paragraph 21.

      8. 48. In paragraph 22, in sub-paragraphs (1) and (4), for “exit...

      9. 49. Omit paragraph 23.

      10. 50. Cases referred by the European Commission to the CMA

      11. 51. Intervention to protect legitimate interests: no European intervention notice before IP completion day

      12. 52. After paragraph 25 insert— (1) This paragraph applies in a case where immediately before...

      13. 53. Intervention to protect legitimate interests: European intervention notice before IP completion day

      14. 54. (1) Paragraph 27 is amended as follows.

      15. 55. (1) Paragraph 28 is amended as follows.

      16. 56. Omit paragraphs 29 to 33.

      17. 57. General savings

      18. 58. After paragraph 35 insert— (1) Section 240 of the 2002 Act continues to have...

   3. CHAPTER 3 Company Directors Disqualification Legislation

      1. 59. (1) Part 8 of Schedule 4 to the 2019 Regulations...

9. Signature

10. Explanatory Note