Part X Rules and Guidance
Chapter III Competition Scrutiny
163 Role of the Treasury.
1
This section applies if the Competition Commission makes a report under section 162(2) which states its conclusion that there is a significantly adverse effect on competition.
2
If the Commission’s conclusion, as stated in the report, is that the adverse effect on competition is not justified, the Treasury must give a direction to the Authority requiring it to take such action as may be specified in the direction.
3
But subsection (2) does not apply if the Treasury consider—
a
that, as a result of action taken by the Authority in response to the Commission’s report, it is unnecessary for them to give a direction; or
b
that the exceptional circumstances of the case make it inappropriate or unnecessary for them to do so.
4
In considering the action to be specified in a direction under subsection (2), the Treasury must have regard to any conclusion of the Commission included in the report because of section 162(5)(b).
5
Subsection (6) applies if—
a
the Commission’s conclusion, as stated in its report, is that the adverse effect on competition is justified; but
b
the Treasury consider that the exceptional circumstances of the case require them to act.
6
The Treasury may give a direction to the Authority requiring it to take such action—
a
as they consider to be necessary in the light of the exceptional circumstances of the case; and
b
as may be specified in the direction.
7
The Authority may not be required as a result of this section to take any action—
a
that it would not have power to take in the absence of a direction under this section; or
b
that would otherwise be incompatible with any of the functions conferred, or obligations imposed, on it by or under this Act.
8
Subsection (9) applies if the Treasury are considering—
a
whether subsection (2) applies and, if so, what action is to be specified in a direction under that subsection; or
b
whether to give a direction under subsection (6).
9
The Treasury must—
a
do what they consider appropriate to allow the Authority, and any other person appearing to the Treasury to be affected, an opportunity to make representations; and
b
have regard to any such representations.
10
If, in reliance on subsection (3)(a) or (b), the Treasury decline to act under subsection (2), they must make a statement to that effect, giving their reasons.
11
If the Treasury give a direction under this section they must make a statement giving—
a
details of the direction; and
b
if the direction is given under subsection (6), their reasons for giving it.
12
The Treasury must—
a
publish any statement made under this section in the way appearing to them best calculated to bring it to the attention of the public; and
b
lay a copy of it before Parliament.