The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

39.  After section 62A, there is inserted—

“Powers when conducting an Article 22(2) inspection

62B— (1) For the purposes of an Article 22(2) inspection, an authorised officer of the OFT has the powers specified in Article 20(2) of the EC Competition Regulation.

(2) For the purposes of this section and section 63—

“authorised officer of the OFT” means any officer of the OFT to whom an authorisation has been given; and

“authorisation” means an authorisation given in writing by the OFT for the purposes of the Article 22(2) inspection which—

(i)

identifies the officer;

(ii)

indicates the subject matter and purpose of the inspection; and

(iii)

draws attention to any penalties which a person may incur under the EC Competition Regulation in connection with the inspection.”.