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

9.  After regulation 50 insert—

“50A.   After section 109(1) insert—

“109A.    Transferred EU merger commitments: witnesses, documents etc

Any power exercisable by the CMA under section 109 for “permitted purposes” (as mentioned in subsection (A1) of that section) is also exercisable by the CMA under that section for the purposes of assisting the CMA in carrying out any of its functions under or by virtue of section 95A(1) or 95B.”.

50B.   In section 110A(2), after subsection (8) insert—

“(9) Where the section 109 power is exercised for the purposes of assisting the CMA in carrying out any of its functions under or by virtue of section 95A(1) or 95B (see section 109A), the relevant day is the day when the transferred EU merger commitments concerned are waived or substituted by the European Commission.”.”.

(1)

Section 109 was amended by section 29 of, and paragraphs 59 and 143 of Schedule 5 to, the Enterprise and Regulatory Reform Act 2013 and by S.I. 2014/892.

(2)

Section 110A was inserted by section 29 of the Enterprise and Regulatory Reform Act 2013.