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

Saving and transitional provision: Part 2 (investigations under Part 3 of EA 2002 (mergers)) of Schedule 10 to the Act

14.—(1) The amendments to EA 2002 made by section 143(1)(b) of, and paragraphs 15 to 25 of Schedule 10 to, the Act have no effect in relation to a relevant act or omission where the relevant act or omission occurred—

(a) before the commencement date; or

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

(i) a notice given under section 109(1) of EA 2002 before the commencement date; or

(ii) in the case of an act or omission of a kind described within section 110(1A)(2) of EA 2002, a non-compulsory information request made before the commencement date.

(2) For the purposes of sub-paragraph (1)—

“non-compulsory information request” means a written request—

(a)

made by the appropriate authority (within the meaning given by section 110(1B) of EA 2002);

(b)

addressed to a specific person to provide information relating to the appropriate authority’s functions under Part 3 of EA 2002;

(c)

made where that request does not amount to a requirement to provide information imposed under Part 3 of EA 2002;

“a relevant act or omission” is an act or omission of a kind described in either of the following sections of EA 2002—

(a)

section 110(1) or (1A) (as inserted by paragraph 15 of Schedule 10 to the Act);

(b)

section 116A(1) (as inserted by paragraph 23 of Schedule 10 to the Act).

(3) The amendment to subsection (4), and repeal of subsection (6), of section 111(3) of EA 2002 made by paragraphs 17(6) and (9) respectively of Schedule 10 to the Act have no effect in relation to the continued operation of the Competition and Markets Authority (Penalties) Order 2014 in a case where those amendments have no effect by virtue of this paragraph.

(1)

Section 109 was amended by section 29 of, and paragraph 143 of Schedule 5 to, the 2013 Act; paragraph 27 of Schedule 16 to the Energy Act 2023; and S.I. 2014/892.

(2)

Section 110(1A) and (1B) is inserted by paragraph 15 of Schedule 10 to the Act.

(3)

Section 111 was amended by section 29 of, and paragraph 145 of Schedule 5 to, the 2013 Act.