Part I Competition

Chapter III Investigation and Enforcement

Enforcement

35 Interim measures.

F1(1)

Subject to subsections (8) and (9), this section applies if the F2CMA has begun an investigation under section 25 and not completed it (but only applies so long as the F2CMA has power under section 25 to conduct that investigation).

(2)

If the F2CMA considers that it is necessary for F3it to act under this section as a matter of urgency for the purpose—

(a)

of preventing F4significant damage to a particular person or category of person, or

(b)

of protecting the public interest,

F3it may give such directions as F3it considers appropriate for that purpose.

(3)

Before giving a direction under this section, the F2CMA must—

(a)

give written notice to the person (or persons) to whom F3it proposes to give the direction; and

(b)

give that person (or each of them) an opportunity to make representations.

(4)

A notice under subsection (3) must indicate the nature of the direction which the F2CMA is proposing to give and F3its reasons for wishing to give it.

F5(5)

A direction given under this section may if the circumstances permit be replaced by—

(a)

a direction under section 32 or (as appropriate) section 33, or

(b)

commitments accepted under section 31A,

but, subject to that, has effect while this section applies.

(6)

In the F6cases mentioned in section 25(2), (3), (6) and (7), sections 32(3) and 34 also apply to directions given under this section.

(7)

In the F7cases mentioned in section 25(4) and (5), sections 33(3) and 34 also apply to directions given under this section.

F8(8)

In the case of an investigation conducted by virtue of section 25(2) or (6), this section does not apply if a person has produced evidence to the F9CMA in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is exempt from the Chapter I prohibition as a result of section 9(1); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which—

(a)

may affect trade within the United Kingdom, and

(b)

has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.

(9)

In the case of an investigation conducted by virtue of section 25(3) or (7), this section does not apply if a person has produced evidence to the F9CMA in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is an agreement to which the prohibition in F10Article 101(1) is inapplicable because the agreement satisfies the conditions in F10Article 101(3); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which—

(a)

may affect trade between Member States, and

(b)

has as its object or effect the prevention, restriction or distortion of competition within F11the European Union.