The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 1 and Savings and Transitional Provisions) Regulations 2024

Saving and transitional provision: Part 1 (investigations under Part 1 of CA 1998 (competition)) of Schedule 10 to the Act

13.—(1) The insertion of section 40ZE (enforcement of requirements: imposition of penalties) into CA 1998 by section 143(1)(a) (civil penalties etc in connection with competition matters) of, and paragraph 8 of Schedule 10 (civil penalties etc in connection with competition investigations) to, the Act and the related amendments in paragraphs 7 and 9 to 13 of that Schedule have no effect in relation to any act or omission of a kind described within section 40ZE(1) of CA 1998, where such an act or omission occurred—

(a) before the commencement date; or

(b) on or after the commencement date, but the act or omission occurred in relation to—

(i) a requirement imposed under section 26(1), 26A(2), 27(3), 28, 28A or 40ZD(4) of CA 1998 before the commencement date;

(ii) the exercise by an officer of the CMA of powers under section 27 of CA 1998 or under a warrant issued under section 28 or 28A of that Act (“investigatory powers”), before the commencement date;

(iii) in the case of an act or omission of a kind described within section 40ZE(1)(d) or (e) of CA 1998 Act, a non-compulsory information request made before the commencement date; or

(iv) a requirement imposed under section 27, 28 or 28A of that Act or the exercise of investigatory powers on or after the commencement date in a case where the notice of entry required under section 27(2) of that Act was given, or as the case may be, the warrant under section 28 of 28A was issued, before the commencement date.

(2) For the purposes of sub-paragraph (1)(b)(iii) “non-compulsory information request” means a written request—

(a) made by the CMA;

(b) addressed to a specific person to provide information relating to the CMA’s functions under Part 1 of CA 1998; and

(c) made where the request does not amount to a requirement to provide information imposed under Part 1 of CA 1998.

(3) The amendments to section 40A(5) (penalties: failure to comply with requirements) of CA 1998 made by paragraph 9 of Schedule 10 to the Act have no effect in relation to the continued operation of the Competition and Markets Authority (Penalties) Order 2014(6) in a case where those amendments have no effect by virtue of this paragraph.

(1)

Section 26 was amended by paragraph 38(20) of Schedule 25 to EA 2002; and paragraph 6 of Schedule 5 and paragraph 9 of Schedule 15 to the 2013 Act; and by S.I. 2004/1261.

(2)

Section 26A was inserted by section 39 of the 2013 Act.

(3)

Section 27 was amended by paragraph 21 of Schedule 2 to the Criminal Justice and Police Act 2001; paragraph 38(21) of Schedule 25 to EA 2002; paragraph 7 of Schedule 5 to the 2013 Act; and by S.I. 2004/1261.

(4)

Section 40ZD was inserted by S.I. 2019/93.

(5)

Section 40A was inserted by section 40 of the 2013 Act and amended by S.I. 2019/93.

(6)

S.I. 2014/559.