Competition Act 1998

[F1 SCHEDULE 7A U.K. the competition commission: procedural rules for mergers and market references etc.

Textual Amendments

F1 Sch. 7A inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 187(4), 279, Sch. 12; S.I. 2003/1397, art. 2(1), Sch.

1 U.K. In this Schedule—

• “market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131 or 132 of the Enterprise Act 2002 (including that section as it has effect by virtue of another enactment);

• “market reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

• “merger investigation” means an investigation carried out by a merger reference group in connection with a reference under F2 ... section 32 of the Water Industry Act 1991 (c. 56) or section 22, 33, 45 or 62 of the Act of 2002;

• “merger reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

• “relevant group” means a market reference group, merger reference group or special reference group;

• “special investigation” means an investigation carried out by a special reference group—

  (a)

  in connection with a reference under a provision mentioned in any of paragraphs (a) to (l) [F3 and (n) to (p)] of the definition of “special reference group” in paragraph 19A(9) of Schedule 7 to this Act; or

  (b)

  under a provision mentioned in paragraph (m) of that definition; and

• “special reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act.

Textual Amendments

F2 Words in Sch. 7A para. 1 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3 Words in Sch. 7A para. 1 substituted (11.11.2005) by The Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172), art. 1(1), Sch. para. 3(b)

Modifications etc. (not altering text)

C1 Sch. 7A para. 1 amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 15(3)

2 U.K. Rules may make provision—

(a) for particular stages of a merger investigation, a market investigation or a special investigation to be dealt with in accordance with a timetable and for the revision of that timetable;

(b) as to the documents and information which must be given to a relevant group in connection with a merger investigation, a market investigation or a special investigation;

(c) as to the documents or information which a relevant group must give to other persons in connection with such an investigation.

3 U.K. Rules made by virtue of paragraph 2(a) and (b) may, in particular, enable or require a relevant group to disregard documents or information given after a particular date.

4 U.K. Rules made by virtue of paragraph 2(c) may, in particular, make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.

5 U.K. Rules may make provision as to the quorum of relevant groups.

6 U.K. Rules may make provision—

(a) as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration which is specified or described in the rules are allowed—

(i) to be (either by themselves or by their representatives) present before a relevant group or heard by that group;

(ii) to cross-examine witnesses; or

(iii) otherwise to take part;

(b) as to the extent (if any) to which sittings of a relevant group are to be held in public; and

(c) generally in connection with any matters permitted by rules made under paragraph (a) or (b) (including, in particular, provision for a record of any hearings).

7 U.K. Rules may make provision for—

(a) the notification or publication of information in relation to merger investigations, market investigations or special investigations;

(b) consultation about such investigations.]