Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

CHAPTER III PROTECTION OF CUSTOMERS ETC..

Provisions with respect to competition

31 Functions of F37Authority with respect to competition.

1

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52

The functions to which subsection (2A) below applies shall be concurrent functions of F37the Authority and the F35CMA.

2A

This subsection applies to the functions of the F36CMA under Part 4 of the 2002 Act (other than sections 166 F31171 and 174E) so far as F27those functions—

a

are exercisable by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and

b

relate to commercial activities connected with the supply of water or the provision of sewerage services.

C1F123

F37The Authority shall be entitled to exercise, concurrently with the F30CMA, the functions of the F30CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6), 38(1) to (6) F19, 40B(1) to (4) and 51), so far as relating to —

a

agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,

b

conduct of the kind mentioned in section 18(1) of that Act,

c

agreements, decisions or concerted practices of the kind mentioned in F24Article 101(1) of the Treaty on the Functioning of the European Union, or

d

conduct which amounts to abuse of the kind mentioned in F22Article 102 of the Treaty on the Functioning of the European Union,

which relate to commercial activities connected with the supply of water or securing a supply of water or with the provision or securing of sewerage services.

F64

So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) F18above—

a

references in Part 4 of the 2002 Act to the F25CMA (including references in provisions of that Act applied by that Part) shall be construed as including references to F37the Authority (except in sections 166 F16, 171 and 174E of that Act and in any other provision of that Act where the context otherwise F32requires);

b

references in that Part to section 5 of the 2002 Act are to be construed as including references to section 27(1) and (2) of this Act.

F204ZA

Section 130A of the 2002 Act is to have effect in its application in relation to the Authority by virtue of subsections (2) and (2A)—

a

as if for subsection (1) of that section there were substituted—

1

Where the Water Services Regulation Authority—

a

is proposing to carry out its functions under section 27(1) and (2) of the Water Industry Act 1991 in relation to a matter for the purposes mentioned in subsection (2), and

b

considers that the matter is one in respect of which it would be appropriate for the Authority to exercise its powers under section 174 (investigation) in connection with deciding whether to make a reference under section 131,

the Authority must publish a notice under this section (referred to in this Part as a “market study notice”).

b

as if in subsection (2)(a) of that section, for “the acquisition or supply of goods or services of one or more than one description in the United Kingdom” there were substituted “commercial activities connected with the supply of water or the provision of sewerage services (within the meaning given by section 219(1) of the Water Industry Act 1991)”.

F14A

So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to F15the CMA are to be read as including a reference to F37the Authority (F13except in sections 31D(1) to (6), 38(1) to (6)F19, 40B(1) to (4), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

F75

Before the F28CMA or F37the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

6

Neither the F28CMA nor F37the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

7

It shall be the duty of F37the Authority, for the purpose of assisting F26a CMA group in carrying out an investigation on a F23market investigation reference made by the Authority (under section 131 of the 2002 Act) by virtue of subsection (2) F2. . . above, to give to the F29group —

a

any information which is in F37its possession and which relates to matters falling within the scope of the investigation, and which is either requested by the F29group for that purpose or is information which in F37its opinion it would be appropriate for that purpose to give to the F29group without any such request; and

b

any other assistance which the F29group may require, and which it is within F37its power to give, in relation to any such matters;

and the F29group shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

F217A

In subsection (7) “CMA group” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

8

If any question arises as to whether subsection (2) or (3) above F10. . . applies to any particular case, that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

a

F8Part 4 of the 2002 Act; or

F3b

Part I of the Competition Act 1998 (F14other than sections 31D(1) to (6), 38(1) to (6)F34, 40B(1) to (4) and 51),

by or in relation to F37the Authority on the ground that it should have been done by or in relation to F17the CMA .

F98A

Section 117 of the 2002 Act (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by F37the Authority by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the F33CMA included references to F37the Authority.

9

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .